PADRM attorneys led by partners Rob Reynard, Kendra Shirey and Bill Kimball were successful in getting the Fourth District Court to vacate entirely a $8.4 Million Arbitration Award (the “Award”) entered against PADRM’s client Bajio Mountain West, LLC (“BMW”), which acquired the Bajio Mexican Grill restaurant chain from Bajio, LLC, a Doctor’s Associates, Inc’s brand (which also owns the Subway chain of restaurants).
Utah’s Fourth District Court issued its Ruling on Motion to Vacate Arbitration Award on November 13, 2012. In vacating the Award, the Court found that the arbitrator exceeded his authority in showing a manifest disregard for Utah law in entering an Award against BMW and Bajio. The Court also found that because BMW was not given proper statutory notice of the arbitration, the arbitrator’s failure to comply with Utah Code Ann. 78B-11-110 was an additional basis to vacate the award against BMW.
The Award was “vacated because notice of the arbitration hearing was deficient as to BMW, and more importantly, the arbitrator exceeded his authority.” Pia Anderson Dorius Reynard & Moss, LLC congratulates its client Bajio Mountain West, LLC, an Abundant Brands, LLC company.