Wash. Court of Appeals published opinion — D2 49631-3-II Published Order.pdf

Citation: Wash. Court of Appeals published opinion — D2 49631-3-II Published Order.pdf
Jurisdiction: Washington (state)
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The general rule is that “collateral estoppel does apply to issues resolved in arbitration, if

the award is not challenged as a final judgment on the merits.” State Farm Mut. Auto. Ins. Co. v.

Avery, 114 Wn. App. 299, 308, 57 P.3d 300 (2002); see also Robinson v. Hamed, 62 Wn. App. 92,

96-97, 813 P.2d 171 (1991).

Billings cites to Channel v. Mills, 61 Wn. App. 295, 299, 810 P.2d 67 (1991), to support

his argument that an arbitration award is not a final judgment. In Channel, we expressed our

disagreement with Division I, and held that collateral estoppel did not preclude an issue because

“an arbitration award is not the same thing as a final judgment of a court.” 61 Wn. App. at 299.

Part of the reasoning was “Washington’s statutory scheme for arbitration, RCW 7.04, provides a

rather elaborate process for the confirmation, vacation, correction or modification of an arbitration

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49631-3-II

award in court and for the entry of a judgment which conforms with the court’s final

determination.” 61 Wn. App. at 299. Because of the language of the statute, Channel concluded

that from a plain reading, “the Legislature did not consider an award in arbitration to be equivalent

to a final judgment of a court. If it had it would have been unnecessary to provide a process to

reduce the award to judgment.” Channel, 61 Wn. App. at 300. The court analogized an arbitration

award to that of a jury verdict. Channel, 61 Wn. App. at 300; see also Larsen v. Farmers Ins. Co.,

80 Wn. App. 259, 266, 909 P.2d 935 (1996).

However, the statutes relied on in Channel were repealed and codified under Washington’s

arbitration act. Title 7.04A RCW. This chapter governs the arbitration process and enforcement