Steere v. Brownell

Citations

• 113 Ill. 415
• 1885 Ill. LEXIS 710

Syllabus

<p>1. Aebitbation—extent of the award, as embracing all matters submitted. An award of arbitrators, to be valid and binding, must embrace and decide all matters submitted to them and not withdrawn by the parties from their consideration.</p> <p>2. Same—what to be regarded as a withdrawal of a part of matters submitted. A promise by one of the contesting parties to a submission to arbitration, to pay certain of the claims embraced in the submission, the promise being upon such conditions, however, as to leave unsettled the very question of liability in respect to such claims which was covered by the submission, will not be regarded as a withdrawal of them from the consideration of the arbitrators.</p> <p>3. Same—of award prepared by one of the attorneys in the proceeding. The fact that an award of arbitrators is prepared by one of the attorneys of the successful party, affords no ground for setting the award aside, where it fully expresses the findings and conclusions of the arbitrators.</p> <p>4. Same—effect of signing the award at different times and places. The fact that an award is not signed by all the arbitrators at the same time and place, affords no ground for setting the same aside. It is sufficient that it is signed by them after the close of their investigation and deliberations, and fully expresses the conclusions reached by them.</p> <p>5. Same—setting aside of award on technical grounds. An award should not be set aside on merely technical grounds that in nowise affect the merits of the controversy, especially where it is apparent that the utmost good faith has been observed.</p>