AWARD

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AWARD

AWARD. The judgment of an arbitrator or arbitrators on a matter submitted to him or them : arbitrium est judicium. The writing which contains suchjudgment is also called an award. 2. The qualifications requisite to the validity of an award are, thatit be consonant to the submission; that it be certain; be of things possibleto be performed, and not contrary to law or reason; and lastly, that it befinal. 3.-1. It is manifest that the award must be confined within thepowers given to the arbitrators, because, if their decisions extend beyondthat authority, this is all assumption of, power not delegated, which cannotlegally affect the parties. Kyd on Aw. 140 1 Binn. 109; 13 Johns. 187 Id.271; 6 Johns. 13, 39 11 Johns. 133; 2 Mass. 164; 8 Mass. 399; 10 Mass. 442Caldw. on Arb. 98; 2 Harring. 347; 3 Harring. 22; 5 Sm. & Marsh. 172; 8 N.H. Rep. 82; 6 Shepl. 251; 12 Gill & John. 456; 22 Pick. 144. If thearbitrators, therefore, transcend their authority, their award pro tantowill be void but if the void part affect not the merits. of the submission,the residue will be valid. 1 Wend. 326; 13 John. 264; 1 Cowen, 117 2 Cowen,638; 1 Greenl. 300; 6 Greenl. 247; 8 Mass. 399; 13 Mass. 244; 14 Mass.43; 6Harr. & John. 10; Doddr. Eng, Lawyer, 168-176; Hardin, 326; 1 Yeates, R.513. 4.-2. The award ought to be certain, and so expressed that noreasonable doubt can arise on the face of it, as to the arbitrator'smeaning, or as to the nature and extent of the duties imposed by it on theparties. An example of such uncertainty may be found in the following cases:An award, directing one party to bind himself in an obligation for the quietenjoyment of lands, without expressing in what sum the obligor should bebound. 5 Co. 77 Roll. Arbit. Q 4. Again, an award that one should givesecurity to the other, for the payment of a sum of money, or the performanceof any particular, act, when the kind of security is not specified. Vin. Ab.Arbitr. Q 12; Com. Dig. Arbitrament, E 11 Kyd on Aw. 194 3 S. & R. 340 9John. 43; 2 Halst. 90; 2 Caines, 235 3 Harr. & John. 383; 3 Ham. 266 1 Pike,206; 7 Metc. 316 5 Sm. & Marsh. 712 13 Verm. 53; 5 Blackf. 128; 2 Hill, 75 3Harr 442. 5.-3. It must be possible to be performed, be lawful and reasonable.An award that could not by any possibility be performed, as if it directedthat the party should deliver a deed not in his possession, or pay a sum ofmoney at a day past, it would of course be void. But the, award that theparty should pay a sum of money, although he might not then be able to doso, would be binding. The award must not direct anything to be done contraryto law, such as the performance of an act which would render the party atrespasser or a felon, or would subject him to an action. It must also bereasonable, for if it be of things nugatory in themselves, and offering noadvantage to either of the parties, it cannot be enforced. Kirby, 253. 6.-4. The award must be final that is, it must conclusively adjudicateall the matters submitted. 1 Dall. 173 2 Yeates, 4 Rawle, 304; 1 Caines, 304Harr. & Gill, 67 Charlt. 289; 3 Pike) 324; 3 Harr. 442; 1 P. S. R. 395; 4Blackf. 253; 11 Wheat. 446. But if the award is as final as, under thecircumstances of the case it might be expected, it will be considered asvalid. Com. Dig. Arbitrament, E 15. As to the form, the award may be byparol or by deed, but in general it must be made in accordance with theprovisions and requirements of the submission. (q.v.) Vide, generally, Kydon Awards, Index, h.t.; Caldwell on Arbitrations, Index, h.t.; Dane's Ab.c. 13; Com. Dig. Arbitrament, E; Id Chancery, 2 K 1, &c.; 3 Vin. Ab. 52, 3721 158 15 East, R. 215; 1 Ves. Jr. 364 1 Saund. 326, notes 1, 2, and 3; Wats.on Arbitrations and Awards; 3 Bouv. Inst., n. 2402 to 2500.

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