In Re Abrams and Brennan
Opinion
Lead Opinion
Cooper, J.
This is an appeal from an order denying the motion of appellant to set aside and modify the award of certain arbitrators in certain matters of dispute submitted to them. In this case objection was made that the award was void, and that the court had no jurisdiction because it was not made and filed in time. It is clear that arbitration, being a creature of the statute, by which jurisdiction is taken from the courts of the matters to be arbitrated and vested in designated persons regardless of their calling or learning in the law, must find support in and be governed by the limitations and restrictions named in the statute.
The statute gives the parties to certain disputes and controversies the right to submit them to a tribunal of their own selection and, by agreement, to vest such tribunal with many powers that, when properly exercised, become final. It maybe stipulated in the submission that it be entered as - an order of the superior court, and in such case it must be filed therein.. The .clerk of the court must thereupon enter certain enumerated matters in his register of actions, among which are-“the date of the submission, when filed, and the time limited by the submission,…