2.
The qualifications requisite to the validity of an award are, that it
be consonant to the submission; that it be certain; be of things
possible to be performed, and not contrary to law or reason; and lastly,
that it be final.
3.
– 1. It is manifest that the award must be confined within the powers
given to the arbitrators, because, if their decisions extend beyond that
authority, this is all assumption of, power not delegated, which cannot
legally 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. 442 Caldw. 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 the arbitrators, therefore, transcend their authority,
their award pro tanto will 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; 6 Harr. & 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 no reasonable
doubt can arise on the face of it, as to the arbitrator's meaning, or
as to the nature and extent of the duties imposed by it on the parties.
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
quiet enjoyment of lands, without expressing in what sum the obligor
should be bound. 5 Co. 77
Roll. Arbit. Q 4. Again , an award that one should give security to the
other, for the payment of a sum of money, or the performance of 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 9 John. 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 3 Harr 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 directed
that the party should deliver a deed not in his possession, or pay a sum
of money at a day past, it would of course be void. But the, award that
the party should pay a sum of money, although he might not then be able
to do so, would be binding. The award must not direct anything to be
done contrary to law, such as the performance of an act which would
render the party a trespasser or a felon, or would subject him to an
action. It must also be reasonable, for if it be of things nugatory in
themselves, and offering no advantage to either of the parties, it
cannot be enforced. Kirby, 253.
6.
– 4. The award must be final that is, it must conclusively adjudicate
all the matters submitted. 1 Dall. 173 2 Yeates, 4 Rawle, 304; 1 Caines,
304 Harr. & Gill, 67 Charlt. 289; 3 Pike) 324; 3 Harr. 442; 1 P. S.
R. 395; 4 Blackf. 253; 11 Wheat. 446. But if the award is as final as,
under the circumstances of the case it might be expected, it will be
considered as valid. Com. Dig. Arbitrament, E 15. As to the form, the
award may be by parol or by deed, but in general it must be made in
accordance with the provisions and requirements of the submission. (q.
v.) Vide, generally, Kyd on 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, 372 1 158 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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