Jessup & Moore Paper Co. v. A. S. Reed & Brother Co.

Citations

• 10 Del. Ch. 146
• 87 A. 1011
• 1913 Del. Ch. LEXIS 13

Syllabus

<p>A court of chancery is the only proper tribunal to determine whether an arbitrators’ award should be set aside for misconduct of an arbitrator, since the reason for setting it aside is not available as a defense in an action at law on the award; but it would have no jurisdiction to set aside an award made on a reference in a cause pending in a court of law, as that court is possessed of the cause and able to grant full relief.</p> <p>Where an arbitrator, after all the evidence had been submitted, privately and without the knowledge of the parties secured an opinion from some one on a material question in the case, and communicated such opinion to the other arbitrators, he was guilty of official misconduct, though he acted without improper motive.</p> <p>Where evidence is received by arbitrators other than at the hearing, the court should not consider whether such evidence influenced the award; but, unless it is apparent that such evidence was wholly immaterial, the award should be set aside.</p>