School District No. 5 v. Sage

Citations

• 13 Wash. 352
• 43 P. 341
• 1896 Wash. LEXIS 51

Syllabus

<p>ARBITRATION AND AWARD — REVIEW BY COURTS.</p> <p>The only power of the superior court, under Code Proc., §429, upon the hearing of exceptions to an award is to refer the' cause back to the arbitrators for amendment in case of error in fact or law, or to confirm the award, as made; with the merits of the controversy the court has nothing to do.</p> <p>Under Code Proc., §430, providing that arbitrators shall have power to decide both the law and the fact involved in the cause submitted to them, and there being no provision made for the-preservation of the evidence received by them, the courts cannot sustain an exception to an award on the ground that the arbitrators committed error in fact or in law, unless such error appears upon the face of the award, or in some paper delivered with it.</p> <p>An award by arbitrators, when fairly and honestly made upon due consideration of all the evidence before them, is conclusive and binding upon the parties.</p> <p>As to matters of law,.arbitra tors are not bound in all cases to follow the strict rules of law governing courts, unless restricted by the agreement to submit, but may decide in accordance with their views of the equitable rights of the parties.</p> <p>An award will not be set aside on account of error in law, even where arbitrators are required to decide according to the strict rules of law, if the error complained of is not plain, or if the point of law is a doubtful one.</p>