Sherfy v. Graham

Citations

• 72 Ill. 158

Syllabus

<p>1. Arbitrators—must be governed by the submission. Where arbitrators consider and pass upon matters not embraced in the submission, and of which they have no jurisdiction, their award can have no binding force. Arbitrators must be governed by the submission, and all things which they may do outside of and beyond the authority thus conferred are void.</p> <p>3. Same—are judges of law and fact. Arbitrators, by the submission, become the judges, by the choice of the parties, both of the law and the fact, and there is no appeal or review from or of any decision made by them within the scope of their powers, except for fraud, partiality or misconduct.</p> <p>3. Mistake—not ground, for setting aside award of arbitrators. A mistake, either of law or of fact, by arbitrators, is not ground for setting aside their award, but a mistake in the draft of the award may be reformed so as to conform to the award actually made by the arbitrators.</p> <p>4. Award—when it may be set aside. When the arbitrators refuse to hear, act upon and decide such matters as are embraced in the submission, or go beyond it and exceed their jurisdiction, the award may be set aside.</p> <p>5. But where the arbitrators have not gone beyond their jurisdiction, and there is no evidence tending to prove fraud, misconduct or partiality on their part, even if they have taken a mistaken view as to the legal liability of the parties upon the facts before them, the award can not be disturbed.</p>