Craig v. Barber

524 So. 2d 974, 1988 WL 40719
CourtMississippi Supreme Court
DecidedApril 27, 1988
DocketMisc. No. 2071
StatusPublished
Cited by35 cases

This text of 524 So. 2d 974 (Craig v. Barber) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Craig v. Barber, 524 So. 2d 974, 1988 WL 40719 (Mich. 1988).

Opinion

524 So.2d 974 (1988)

Charles F. CRAIG
v.
The Honorable Charles T. BARBER, Circuit Judge, First Judicial District of Hinds County, Mississippi.

Misc. No. 2071.

Supreme Court of Mississippi.

April 27, 1988.

P.N. Harkins, III, John L. Low, IV, Watkins & Eager, Jackson, for petitioner.

Calvin L. Wells, Frank T. Moore, Jr., Wells, Moore, Simmons & Stubblefield, Jackson, for respondent.

Before ROBERTSON, SULLIVAN and GRIFFIN, JJ.

*975 ROBERTSON, Justice, for the court:

I.

This is an arbitration case before us interloctorily via the arbitrator's application for a writ of prohibition. Pursuant to a standard arbitration clause of a home renovation and additions contract, the contractor demanded arbitration of his claim for more money due to change orders. Owners submitted to arbitration and counterclaimed for their own award. In due course the arbitrator awarded owners some $48,000.00.

In the confirmation litigation that has followed, the quite miffed contractor seeks to undermine the very process he originally insisted upon. The Circuit Court did likewise as it ordered the arbitrator to clarify and explain the basis of his award. Arbitrator seeks relief from that order which for the reasons set forth below we grant.

II.

On December 1, 1983, Carl and Nancy Herrin (Owners/Herrins) entered into a written construction contract with Milton M. Stewart, Inc. (Contractor/Stewart). Under that contract Stewart was to undertake certain renovations, repairs and additions to the Herrins' home.

Central to today's controversy is Paragraph 21 of the contract which reads:

21. All claims or disputes between the contractor [Stewart] and the owner [the Herrins] arising out of, or relating to, the contract documents or the breach thereof shall be decided by arbitration in accordance with the construction industry arbitration rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise.

Such pre-controversy agreements are enforceable in this state. Miss. Code Ann. § 11-15-103 (Supp. 1987).

In the course of the work, a dispute arose. On December 17, 1984, Stewart filed with the American Arbitration Association a demand for arbitration. Stewart demanded $36,937.73 in additional compensation resulting from change orders. The Herrins disputed all but $9,506.40 of the change orders and counterclaimed for $56,049.04.

Pursuant to agreement of the parties, the AAA on January 16, 1985, formally appointed Charles F. Craig, a Jackson, Mississippi, architect, as arbitrator.[1] Craig presided over a five day hearing and on May 15, 1985, entered a written award that Stewart pay to the Herrins the sum of $48,813.00; that Stewart's claims be denied; and that administrative fees and expenses be borne equally between the parties. See Miss. Code Ann. §§ 11-15-119 and -121 (Supp. 1987).

On July 12, 1985, the Herrins sought confirmation of the award by filing their complaint in the Circuit Court of the First Judicial District of Hinds County, Mississippi. See Miss. Code Ann. § 11-15-125 (Supp. 1987). Stewart is defending on grounds of the "evident partiality" of arbitrator Craig. See Miss. Code Ann. § 11-15-133(1)(b) (Supp. 1987). In pursuing that defense, Stewart sought to take the deposition of Arbitrator Craig. In lieu thereof, the Circuit Court ordered that Craig "explain and clarify" the basis of his award.[2] That order is the object of the parties' dispute this day.

Arbitration awards are made in writing, but, absent contractual agreement *976 to the contrary, arbitrators have no legal obligation that the bases or reasons for the award be given. See Miss. Code Ann. § 11-15-119 (Supp. 1987); Rule 42, Construction Industry Arbitration Rules of the American Arbitration Association. The AAA's Guide for Commercial Arbitrators provides

NO WRITTEN OPINION REQUIRED
Commercial arbitrators are not required to explain the reasons for their decisions. As a general rule, the award consists of a brief direction to the parties on a single sheet of paper. One reason for brevity is that written opinions might open avenues for attack on the award by the losing party.

The case of Horne v. State Building Commission, 222 Miss. 520, 76 So.2d 356 (1954) is instructive. The disappointed party argued the arbitrator's award should not be enforced because it failed to address specifically each of the issues submitted to arbitration. This Court disposed of that contention:

Unless the statute or the articles of submission to arbitration require separate findings on each matter considered, it is not necessary for the award to enumerate each matter considered or to make special findings of fact or law."

222 Miss. at 528, 76 So.2d at 358.

Here arbitration was had under the rules of the American Arbitration Association. Those rules do not require separate findings on each matter. And had the arbitration been conducted under the Mississippi statute alone, the result would have been the same. Mississippi law does not require separate or detailed findings by the arbitrator.

All of this is consistent with the general rule that, absent a provision to the contrary in an applicable statute or in an agreement of the parties to an arbitration contract, the validity of an arbitration award is unaffected by the absence therefrom of a statement of the arbitrator's findings of fact and conclusions of law. See Sobel v. Hertz, Warner & Co., 469 F.2d 1211, 1215 (2d Cir.1972); Hale v. Friedman, 281 F.2d 635, 636-37 (D.C. Cir.1960). And the same of absence of explanation or clarification.

Notwithstanding these familiar premises, the Circuit Court on January 10, 1986, ordered that arbitrator Craig

more fully explain and clarify the basis of his award made in the arbitration proceedings between the parties in this case and to that extent, to more fully develop, expand and supplement the findings of fact filed in this case by January 17, 1986.

Craig moved for reconsideration of this order, but on February 3, 1986, the Circuit Court denied that motion and held further proceedings in this matter in abeyance pending application for relief in this Court.

III.

Petitioner/Arbitrator Craig applies here for the extraordinary writ of prohibition and/or mandamus.[3]See Miss. Code Ann. §§ 9-3-33 and 11-41-1, et seq. (1972). We convert and treat his application as one for an interlocutory appeal. See generally, Mississippi Publishers Corporation v. Coleman, 515 So.2d 1163 (Miss. 1987); American Tobacco Co. v. Evans,

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Bluebook (online)
524 So. 2d 974, 1988 WL 40719, Counsel Stack Legal Research, https://law.counselstack.com/opinion/craig-v-barber-miss-1988.