Anderson v. Banks
2012 ME 6
Me.2012Background
- Six siblings dispute care of their mother; mediation produced a signed Agreement with an arbitration clause; Mary Banks did not attend mediation; Probate Court ordered arbitration; arbitrator concluded he could determine validity of the Agreement; Superior Court affirmed arbitration, denied vacatur, and dismissed declaratory judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether arbitrator had authority to decide the Agreement’s validity | Sisters contend arbitrator lacked authority to rule on validity | Bankses contend arbitration clause empowered arbitrator to decide validity | Arbitrator authorized to determine validity; award affirmed |
| Whether the dispute over validity was subject to arbitration (substantive arbitrability) | Sisters argue no intent to arbitrate validity | Bankses argue broad arbitration clause covers such disputes | Court found broad presumption in favor of arbitrability; authority extended to validity issue |
| Whether the arbitration award could be vacated under 14 M.R.S. § 5938(1) vurder | Sisters sought vacatur for lack of agreement, bias, power excess, etc. | Bankses contend none of the vacatur grounds applied | No grounds to vacate; arbitration affirmed |
Key Cases Cited
- Westbrook Sch. Comm. v. Westbrook Teachers Ass’n, 404 A.2d 204 (Me. 1979) (substantive arbitrability presumption; court decides arbitrability)
- J.M. Huber Corp. v. Main-Erbauer, Inc., 493 A.2d 1048 (Me. 1985) (two avenues to challenge arbitrability; final decision by court)
- Cape Elizabeth Sch. Bd. v. Cape Elizabeth Teachers Ass’n, 435 A.2d 1381 (Me. 1981) (two avenues for challenging arbitrability; presumption applies)
- Macomber v. MacQuinn-Tweedie, 2003 ME 121, 834 A.2d 131 (Me. 2003) (broad presumption favoring substantive arbitrability)