CONTRACTS - ARBITRATION AND AWARD -VALIDITY AT COMMON LAW OF PROCEEDINGS VOID UNDER ARBITRATION STATUTES

Authors

Edward H. Schlaudt, University of Michigan Law School

Abstract

Defendant contracted with plaintiff to grade an athletic field. The contract required all questions subject to arbitration thereunder to be submitted to statutory arbitration at the choice of either party. A dispute arose and at the plaintiff's demand three arbitrators were selected as provided in the contract. Plaintiff sued to collect an award granted in his favor. Defendant objected that both the contract of submission and the proceedings fell far short of the statutory requirements. Held, though the parties agreed to arbitrate under the statute, the proceedings pursuant to the contract fell so far short of statutory requirements that it may be presumed that the parties intended common-law arbitration; as such, the proceedings were valid, and an action on the award must succeed. Park Construction Co. v. lndependent School District No. 32, Carver County, (Minn. 1941) 296 N. W. 475.

Recommended Citation

Edward H. Schlaudt, CONTRACTS - ARBITRATION AND AWARD -VALIDITY AT COMMON LAW OF PROCEEDINGS VOID UNDER ARBITRATION STATUTES, 40 Mich. L. Rev. 296 (1941).
Available at: https://repository.law.umich.edu/mlr/vol40/iss2/12