awar

AWARD. The judgment of an arbitrator or arbitrators on a matter submitted to
him or them : arbitrium est judicium. The writing which contains such
judgment is also called an award.
     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.