245 P.3d 685
Or. Ct. App.2010Background
- 1920 stipulation between predecessors of Jeld-Wen and PacifiCorp included an arbitration clause requiring arbitration for damages and related claims.
- 1920 stipulation obligated PacifiCorp's predecessor to hold landowners harmless from dikes/levees damage.
- 2006 Geary Dike flood caused damages to land now owned by Jeld-Wen; Jeld-Wen sued PacifiCorp and others.
- PacifiCorp moved to compel arbitration based on the 1920 stipulation; trial court granted then denied on reconsideration.
- Oregon Act (2003) §3(3) argues arbitration agreements govern “whenever made”; issue whether it applies to the 1920 stipulation.
- Court held the Oregon Act governs all arbitration agreements regardless of when made, including the 1920 stipulation; reverse and remand for arbitration to be compelled.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Oregon Act governs arbitration “whenever made.” | Jeld-Wen argues the Revised Act creates latent ambiguity; it does not apply to pre-1925 agreements. | PacifiCorp argues the Oregon Act unambiguously governs all arbitration agreements made anytime. | Oregon Act governs all, including the 1920 stipulation. |
Key Cases Cited
- Snider v. Production Chemical Manufacturing, Inc., 348 Or. 257 (2010) (governs arbitration Act applies to all agreements made)
- Martin v. Comcast of California, 209 Or.App. 82 (2006) (Act applies to all arbitration agreements beginning Sept. 1, 2004)
- State v. Gaines, 346 Or. 160 (2009) (legislative history may confirm plain meaning of statute)
- Wilbur-Ellis Co. v. Hawkins, 155 Or. App. 554 (1998) (standard of reviewing motion to compel arbitration)