In Loren Imhoff Homebuilder, Inc. v. Taylor (2019AP002205), an arbitrator fell asleep during an evidentiary hearing so the circuit court vacated his final decision, the court of appeals reversed.

Facts

There were a multitude of claims and counterclaims between Taylor, the homeowner, and Loren Imhoff, the contractor over remodeling projects in the house. The contract between the parties for the remodeling required disputes be settled by an arbitrator. After unsuccessful mediation, the parties went to binding arbitration and participated in an evidentiary hearing. At one, or some, point during the hearing, the arbitrator dozed off briefly. The arbitrator rendered a final decision that ultimately favored Loren Imhoff, but both sides won some things. Taylor took the decision to circuit court to have it vacated. The circuit court found that this was such an imperfect execution of his duties, that there were grounds to vacate his decision.

Decision

The Court reversed on relatively simple grounds:

[T]he homeowners forfeited drowsiness or sleeping by the arbitrator as a basis to vacate the award. The homeowners failed to raise the issue at any point during the arbitration hearing. After the hearing, they failed to voice an objection requesting that the arbitrator consider any particular evidence or argument that he allegedly missed. Instead, they requested that the arbitrator recuse himself, primarily based on allegations of bias, making only generalized references to drowsiness or sleeping. They did not ask the arbitrator to fix any problems allegedly caused by dozing or sleeping.

¶14.