Fed. Sec. L. Rep. P 98,372 Executone Information Systems, Inc. v. Lloyd K. Davis

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a challenge to an award “upon a matter not submitted” to the arbitrator is a jurisdictional inquiry and denying attorneys’ fees
• stating that appellate court must sustain arbitration award even if it disagrees with arbitrator’s interpretation of underlying contract as long as arbitrator’s decision “draws its essence” from contract
• noting that the questions of whether a party can be compelled to arbitrate and what issues a party can be compelled to arbitrate are issues for the court to decide
• indicating that while the “essence test” is most often applied in cases involving labor relations, “we have also applied ... [it] in other cases involving the review of arbitration awards.”
• refusing to award attorneys' fees because challenger argued award was \upon a matter not submitted\ to the arbitrator
• considering “without justification” basis for attorneys’ fees following arbitration between company and shareholders of merged company

Source: CourtListener parenthetical corpus (CC0).