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- Title
LOUISIANA -- FUNCTUS OFFICIO -- ARBITRATORS' AUTHORITY -- R.S. 9:4208 -- OATH OF ARBITRATORS -- TRIBUNAL RULES ARE BINDING WHEN AGREED TO BY THE PARTIES.
- Abstract
This article focuses on the court ruling on the case "Guillory Real Estate Inc. v. Ward," implying that the Civil Code Article 3111 which provides that arbitrators must take an oath to render their award with integrity and impartiality has been modified which makes no requirement that arbitrators be sworn. The court held that the following reasoning of the trial court was dispositive of the issue: the agreement being valid and the witnesses having been sworn in accordance with the agreement, the witnesses were validly sworn. Defendant contended that the arbitrators imperfectly executed their powers when the first award letter of April 30, 1973 was signed by only one arbitrator. A May 17, 1973 letter reaffirming the award and bearing the signature of all three arbitrators was a nullity according to defendant because the arbitrators powers ceased prior to May 17, 1973. The court rejected this argument by saying that if the decision as announced in the letter of April 20 was imperfectly rendered because of only one of the arbitrators having signed it, it was perfected on May 17, and the arbitrators retained their authority to so perfect the rendition of their award. While it may be that the award was ineffective prior to May 17, it became effective on that date. The trial court's judgment was affirmed.
- Subjects
ACTION &; defense cases; ACTIONS &; defenses (Law); ARBITRATION &; award; LEGAL judgments; GUILLORY Real Estate Inc.; ARBITRATORS
- Publication
Arbitration Journal, 1974, Vol 29, Issue 3, p210
- ISSN
0003-7893
- Publication type
Article