Question: A partnership defaulted on a note given to South Washington Associates for the purchase of a building, so Washington foreclosed. The foreclosure recovered $1.2 million less than was owed, so Washington sued the partners. Before trial, the parties agreed to arbitration. The agreement provided that, for the purpose of any appeal, the arbitrators' award should be reviewed like a trial court's decision.
Washington did not like the arbitrators' award and appealed to the state court of appeals. The court stated that the law did not give it jurisdiction to review such an award. Washington argued that the agreement to arbitrate was then based on mutual mistake and was invalid. Was the agreement to arbitrate valid?