PRIME PROPERTIES, INC. v. Leahy

Defendant appeals a judgment based on an arbitrator’s award of damages in plaintiffs favor. Defendant assigns error to the trial court’s denial of his petition to vacate the arbitration award and the court’s entry of the judgment. He argued to the trial court that, because plaintiffs attorney was represented in an unrelated matter by an attorney in the arbitrator’s law firm, the court was required to vacate the award under ORS 36.705 based on “evident partiality” by the arbitrator. The court ruled that defendant had not made a timely formal objection to the arbitrator’s participation and,…