Or, if an award is repugnant, or impossible. 1 Ca. Ch. 87. And therefore the court may examine the reasons and grounds of the proceedings of the arbitrators, and what matters they considered. 1 Ca. Ch. 186. A submission to reference, by order of the court of chancery, is revocable; but if the revocation be without cause, it will be a contempt to the court. Ca. Ch. 185. If an award is made upon private submission without an order of count, chancery may avoid it, if it be made by corruption, or if it exceeds the authority of the arbitrators. 1 Ca. Ch. 377. So, if an umpire, before the time of the referees is elapsed, declares that he will give so much, and afterwards does give so much, which was more than was demanded by either referee, the award shall be avoided; for it induces a presumption of corruption. 2 Vern. 100. If an arbitrator makes an improper declaration, as that he will make A pay costs, or that A having misused B, he will now mulct him in his representatives, the arbitrator shall pay costs. 2 Ves. 315. If an arbitrator promises to hear witnesses, and afterwards refuses, or omits to do it, the award shall be set aside. 2 Vern. 251. If a reference is to three, or any two of them, and two, without consulting the third (after finding that his opinion differed from theirs) make up an award, it shall be set aside. 2 Vern. 514. So, if the arbitrators admit and hear one party, and conceal their meetings from the other. 2 Vern. 515. So, if an arbitrator is a party who has an interest in the matter in question; or is a near relation to one of the parties. 2 Vern. 251. Or, if they choose an umpire by lot. 2 Vern. 485. But the court of chancery will not avoid an award on account of excessive damages, if no fraud or partiality appears. 2 Ca. Ch. 140. 1 Vern. 157. Nor, for the non-attendance of one party, if he had an opportunity and would not attend to be heard. Eq. Ca. 63. On a bill to set aside an award, the plaintiff will not be suffered to go into legal objections, except for partiality and corruption; but if the bill is for an account, and prays to set aside an award, in order to let in such account, there the plaintiff may make legal objections. Amb. 245. An award cannot be set aside upon the simple ground of erroneous, judgment in the arbitrator, for to his judgment they refer their dispute, and that would be a ground for setting aside every award. In order to induce the court to interfere, there tnust be something more, as corruption in the arbitrator, or gross mistake, either apparent upon the face of the award, or to be made out by evidence; but in case of mistake, it must be made out to the satisfaction of the arbitrator, and the party must convince him, that his mind was influenced by that mistake; and that if it had not happened, he should have made a different award. Upon a general reference to arbitration, the arbitrator has a greater latitude than the court. Per Ld. Chan, Thurlow, 1 Ves, jr. 369. Cited 1 Vin. Supp. 306. (A) Form of submission by rule of court. [NOTE....If the suit is instituted and depending between the parties, there is no necessity for this form, but the order is entered on the minutes of the court, on motion of the parties, in their proper persons, or by counsel. The following form is only necessary where no action is actually depending.] Whereas divers disputes and controversies have arisen and are now depending between A B, of of the one part, and C D, of of the other part : Now for the ending and deciding thereof, it is hereby mutually agreed by and between the said parties, that all matters in difference between them shall be referred and submitted to the arbitrament, final end and determination of A A, of day of BA, of and C A, of or any two of them, arbitrators indifferently elected by the said parties, so as the said arbitrators, or any two of them, do make and publish their award in writing, ready to be delivered to the said parties, or such of them as shall desire the same, on or before the next ensuing the date hereof: And it is hereby mutually agreed by and between the said parties, that this submission shall be made a rule of court. In witness whereof the parties to these presents have hereunto set their hands this in the year &c. of day of (B) Arbitration bond. am held and of lawful money Know all men by these presents, that I, A B, of firmly bound unto C D, of in the sum of to be paid to the said C D, or to his certain attorney, his executors, administrators or assigns: To which payment well and truly to be made, I bind myself, my heirs, executors and administrators, firmly by these presents, sealed with my seal, and dated this day of in the year of our lord (C) Condition to stand to the award of two arbitrators in the common form. The condition of the above obligation is such, that if the abovebound A B, his heirs, executors and administrators, on his or their parts and behalfs, do and shall well and truly stand to, obey, abide by, perform, observe, fulfil, and keep the award, order, arbitrament, and final determination of A A, of and B A, of arbitrators indifferently named, elected, and chosen, as well for and on the part and behalf of the above bound A B, as the above named C D, to arbitrate, • In all the settled forms of submission, whether by bond or indenture, there appears to be much tautology; but it is generally the safest course to follow precedents long known and established. Lord Coke, in reference to this very subject, finds an use for almost every word. "This form," says he, "was invented by prudent antiquity and it is good to follow, in such cases, the ancient forms and precedents, which are full of knowledge and wisdom." 8 Co. 82, b. Vy niore's case. : award, order, adjudge and determine, of and concerning all and all manner of action and actions, cause and causes of action, suits, bills, bonds, specialties, judgments, executions, extents, accounts, debts, quarrels, controversies, trespasses, damages and demands whatsoever, both in law and equity, or otherwise howsoever, which at any time or times heretofore have been had, made, moved, brought, commenced, sued, prosecuted, committed, done, suffered, or depending by or between the said parties, so that the said award be made in writing, under the hands of the said A A and B A, and ready to be delivered to the said parties, on or before the next ensuing ; [and if the said A B, his heirs, executors, or administrators, or any of them, shall not prefer, or cause to be preferred, any bill in equity against the said A A, and B A, or either of them, for or concerning their award in the premises;] then this obligation to be void, otherwise to remain in full force. day of If the parties wish to make their submission a rule of court, then this may be added: And the above named A B doth agree and desire, that this his submission may be made a rule of the court of Two sets of bonds are necessary, which are to be given by each party to the other, only changing the names of the parties. (D) Condition to stand to the award of three arbitrators, or any two of them, and an umpire appointed. The condition of this obligation is such, that if the above bound A B, his heirs, executors, and administrators, on his or their parts and behalfs, shall and do well and truly stand to, obey, abide by, observe, perform, fulfil, and keep the award, order, arbitrament, and final determination of or any two of them, arbitrators indifferently elected and named, as well by and on the part and behalf of the said A B, as by and on the part and behalf of the said C D, to arbitrate, award, order, judge and determine, of and concerning all and all manner of action and actions, cause and causes of action, suits, bills, bonds, specialties, covenants, contracts, promises, accounts, reckonings, sums of money, judgments, executions, extents, quarrels, controversies, trespasses, damages, and demands whatsoever, at any time heretofore had, made, moved, brought, commenced, sued, prosecuted, done, suffered, committed, or depending, by or between the said parties, so that the award of the said arbitrators, or any two of them, be inade and set down in writing, under their or any two of their. hands, ready to be delivered to the said parties in difference, on or before the day of next ensuing, then this obligation to be void, else to be and remain in full force. And if the said arbitrators shall not make such their award of and concerning the premises, within the time limited as aforesaid, then if the said A B, his heirs, executors, and administrators, on his or their part and behalf, do and shall well and truly stand to, observe, perform, fulfil, and keep the award, determination, and umpirage (if the umpire be agreed on between the parties, and named] of he ing a person indifferently named and chosen between the said parties for umpire; [but if not named] of such person as the said arbitrators shall indifferently choose for umpire, in and concerning the premises; so as the said umpire do make and set down his award and umpirage in writing, under his hand, ready to be delivered to the said parties in difference, on or before the day of next ensuing; then, &c. To this the parties may add clauses as in form (C) if they think it necessary to restrain any suit being brought in equity: also to make the submission a rule of court. (E) Form of an award. To all to whom these presents shall come, we A B, of CD, of do send greeting. and Whereas there are several accounts depending, and divers controversies have arisen between of of the one part, and by their and of of the other part: And whereas for the putting an end to the said differences, they the said several bonds, or obligations, bearing date procally become bound each to the other in the penal sum of to stand to, abide, perform, and keep the award, order and final determination of us the said so as the said award be made in writing and ready to be delivered to the parties in difference, on or before next ensuing, as by the said obligations and conditions thereof may appear: Now know ye, that we the said arbitrators, whose names are hereunto subscribed, taking upon us the burden of the said award, and having fully examined and duly considered the proofs and allegations of both the said parties, do make and publish this our award between the said parties in manner following; that is to say; first we do award and order, that all actions, suits, quarrels, and controversies whatsoever, had, moved, arisen and depending between the said parties in law or equity, for any manner of cause whatsoever touching the said premises, to the day of the date hereof, shall cease and be no further prosecuted; and that each of the said parties shall pay and bear his own costs and charges in any wise relating to or concerning the premises. And we do also award and order, that the said shall deliver or cause to be delivered to the said within the space of &c. And further, we do hereby award and order, that the said shall on or before pay or cause to be paid unto the said the sum of at and on payment of the said sum of We do also award and order, &c. And lastly, we do award and order that the said shall in due form of law execute each to the other of them, or to the other's use, general releases, sufficient in the law for the releasing by each to the other of them, his heirs, executors, and administrators, of all actions, suits, arrests, quarrels, controversies and demands, whatsoever, touching or concerning the premises aforesaid, or any matter or thing thereunto relating, from the beginning of the world, until the day of last past (viz. the day of the date of the arbitration bonds.) In witness whereof we have hereunto set our hands the day of &c. (F) Form of an umpirage. (Recite the arbitration bonds as in the award.) Now know ye, that I, umpire indifferently chosen by having deliberately heard and understood the griefs, allegations and proofs of both the said parties, and willing (as much as in me lieth) to set the said parties at unity and good accord, do by these presents arbitrate, award, order, decree and judge as followeth; that is to say, &c. (G) A general release, in obedience to an award. Know all men by these presents, that I, A B, of, &c. have remised, released, and forever quit claimed, and by these presents do remise, release, and forever quit claim, unto C D, of, &c. his heirs, executors, and administrators, all actions, cause and causes of action, judgments, suits, controversies, trespasses, debts, duties, damages, accounts, reckonings and demands whatsoever, for or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of last, save and except (the thing awarded) under the terms and in the manner prescribed in and by a certain award made the day of in the year , by and on a reference to them of all disputes between me and the said C D. In witness, &c. I have hereunto set my hand and seal this of, &c. day A similar release must be given by the other party; only changing the names of the parties, and varying the exception as to the thing awarded, so as to suit the case. Submissions to arbitration, by indenture, are very unusual; though it may be done, as well as a submission by deed, which is a writing under seal. Or it may be by writing not under seal; or by mere verbal agreement. |