Opinion

MCR of America, Inc. v. Greene

  • 148 Md. App. 91
  • 811 A.2d 331
  • 19 I.E.R. Cas. (BNA) 583
  • 2002 Md. App. LEXIS 197
Court
Court of Special Appeals of Maryland
Filed
Nov 26, 2002
Status
Published
Author
Murphy
On the bench
Krauser, Murphy
Cited by
10 cases
Authority
More cited than 10.3%

stating that courts should apply the “completely irrational standard” when reviewing an arbitrator’s construction of the parties’ “substantive contractual provisions”

How later courts described this case

  • stating that courts should apply the “completely irrational standard” when reviewing an arbitrator’s construction of the parties’ “substantive contractual provisions”
  • concluding that the terms "remedy” and "relief” were too vague to include punitive sanctions
  • vacating sanctions award against a party’s attorney because attorney was not bound by the parties’ arbitration agreement

Written by the judges who cited it.

The opinion

Concurring Opinion by

MURPHY, Chief Judge.

While I concur in the judgment, I am concerned about parties to an arbitration proceeding conducted pursuant to an *122 agreement that does not expressly authorize the arbitrator to impose sanctions for conduct that a court could impose under Maryland Rule 1-341. Agreements to arbitrate are favored because all parties to a dispute can benefit from a properly conducted arbitration proceeding. Blitz v. Beth Isaac, 352 Md. 31 , 44 n. 13, 720 A.2d 912 (1998). Rambo tactics, however, are just as out of place in an arbitration proceeding as they are in a judicial proceeding.

The Court of Appeals has made it clear that the Maryland Lawyers’ Rules of Professional Conduct (MLRPC)have “the force of law,” Post v. Bregman, 349 Md. 142, 164 , 707 A.2d 806 (1998). I am therefore persuaded that, when the arbitration agreement does not authorize the arbitrator to impose sanctions on a lawyer who is “throughout the ... arbitration, ... obstructive, discouraging of the process of arbitration, [and whose] objections ... and ... examination of witnesses wasted considerable time and multiplied the costs of [the] proceedings,” Maryland law entitles the party who has been victimized by such misbehavior to assert a separate civil action, against the offending party and/or the attorney for the offending party, in order to recoup reasonable — but needlessly incurred — costs and counsel fees.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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