Example: In a divorce case, a party could get a divorce, $300 per month in child support, child custody, $600 per month for child support and the family home. The other party could preserve the family business. Not all court arbitration awards mean that a defendant did anything wrong, as many civil cases involve an award of custody and child support. When a couple separates or divorces, the question of who has custody of the children is often controversial, with a judge having to make a decision. In deciding on custody, the judge must consider what is in the best interests of the children. He or she then assigns custody to either parent, or he or she may order joint custody, in which both parents share responsibility for the child and the time spent with the child. The court may also grant access to the non-custodial parent. It is clear that the award must be limited to the powers conferred on the arbitrators, because if their decisions go beyond this power, it is a presumption of a non-delegated power that cannot legally affect the parties. Therefore, if the arbitrators exceed their powers, their award is void pro tanto, but if the null part does not affect the merits. of the submission, the rest is valid.
grant, grant, vouch, accept, forgive, rather than courtesy or give the right. To grant means to give something to an applicant or petitioner that could be refused. When they get a new hearing, it means they are reluctant to give something in response to a legitimate or compelling claim. Even her detractors admit that she can be charming, which means granting something as courtesy or as an act of gracious condescension. To vouch for the secret of a few chosen disciples is to give to another what is due or appropriate. The awarding of all appropriate honours to an award as head of state involves giving what is deserved or deserved, usually after careful consideration of the relevant factors. Huge defense contract awarded to the company During a divorce, the court is often asked to make a decision on the division of marital property between the parties. After considering the nature of the matrimonial property, including debts, and the total monetary value of the property, the judge will award each spouse certain items.
In some states of communal ownership, the allocation of property gives each spouse as close as possible to half of the total. In other states, the division rule is “equitable,” meaning the judge decides how much assets are fair to each spouse. The award must be final, that is, it must render a final judgment on all the issues submitted. However, if the award is as final as would be expected in the circumstances of the case, it will be considered valid. As far as form is concerned, the award may be made by parol or by deed, but in general, it must be made in accordance with the terms and requirements of the filing. The award should be secure and drafted in such a way that, prima facie, there can be no reasonable doubt as to the importance of the arbitrator or the nature and extent of the obligations imposed on the parties. An example of this uncertainty can be found in the following cases: an arbitral award that directs a party to enter into an undertaking for the peaceful enjoyment of land, without specifying the amount to which the debtor should be bound. Again, a gift that one should give a guarantee to the other for the payment of a sum of money or the execution of a certain action, if the type of guarantee is not specified. The qualifications required for a prize to be valid are: that it matches the bid; it is safe; be of things that can be done and not violate law or reason; And finally, that it is definitive. Liebeck filed a civil lawsuit seeking compensation for medical bills and emotional distress. The case went to court and the jury awarded $160,000 in damages and more than $2 million in punitive damages. Punitive damages were awarded because the jury found that McDonald`s should have known that the temperature at which they were storing their coffee was too high and that there was a high probability of causing serious injury.
Middle English, decide from Anglo-French awarder, agarde to consider, verify, resolve, from a- (from Latin ad-) + warder, keep to care, guard â more on guard It must be possible to be executed, lawful and reasonable. An arbitral award that could in no case be enforced as if it ordered the party to hand over a document that is not in its possession or to pay a sum of money on a previous day would, of course, be null and void. But the arbitral award that the party should pay a sum of money, even though it may not be able to do so, would be binding. The arbitral award does not order anything contrary to law, such as taking an act that would make the party an intruder or a criminal, or expose him to legal action. It must also be reasonable, because if it is null and void in itself and does not offer any benefit to either party, it cannot be applied. PRICE. The judgment of one or more arbitrators in a case submitted to it: arbitrium est judicium. Writing containing such a judgment is also called an award. 2. The conditions necessary for the validity of an arbitral award are that it correspond to the deposit; it is safe; be of things that can be done and not violate law or reason; And finally, that it is definitive. 3.-1. It is clear that the award must be limited to the powers conferred on the arbitrators, because if their decisions go beyond this power, it is a presumption of a non-delegated power that cannot legally affect the parties.
Kyd on Aw. 140 1 Binn. 109; 13 John. 187 Id. 271; 6 John. 13, 39 11 John. 133; 2 Fair 164; 8 Mass 399; 10 Mass. 442 Caldw.
I`m 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 selection. 144. Consequently, if the arbitrators exceed their powers, their award is void pro tanto, but if the null part does not affect the merits. of the submission, the rest is valid. 1 turn. 326; 13 John. 264; 1 Cowen, 117 2.
Cowen, p. 638; 1 green. 300; 6 Green. 247; 8 Mass 399; 13 Fair 244; 14 Mass.43; 6 Harr. and John. 30 years Doddr. Eng., lawyer, 168-176; Hardin, 326; 1 Yeates, r. 513. 4.-2.
The award should be secure and drafted in such a way that, prima facie, there can be no reasonable doubt as to the importance of the arbitrator or the nature and extent of the obligations imposed on the parties. An example of this uncertainty can be found in the following cases: an arbitral award that directs a party to enter into an undertaking for the peaceful enjoyment of land, without specifying the amount to which the debtor should be bound. 5 Co. 77 roll. Arbit. Question 4. Again, a gift that one should give as collateral to the other for the payment of a sum of money or the execution of a certain action, if the nature of the guarantee is not specified. Wine.
From. Referee. F 12; Com. Dig. Arbitration, E 11 Kyd on aw. 194 3 p. & R. 340 9 John.
43; 2 Halst. 90; 2 Caines, 235 3 Harr. and John. 383; 3 hams. 266 1 pike, 206; 7 Metc. 316 5 Sm. & Marsh. 712 13 verm.
53; 5 Blackf. 128; 2 hills, 75 3 Harr 442. 5.-3. It must be feasible, legal and reasonable. An arbitral award that could in no case be enforced as if it ordered the party to hand over a document that is not in its possession or to pay a sum of money on a previous day would, of course, be null and void. But the arbitral award that the party should pay a sum of money, even though it may not be able to do so, would be binding. The arbitral award does not order anything contrary to law, such as taking an act that would make the party an intruder or a criminal, or expose him to legal action. It must also be reasonable, because if it is null and void in itself and does not offer any benefit to either party, it cannot be applied.
Kirby, 253. 6-4 The award must be final, i.e. it must render a final judgment on all 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 R.P. S.P.
395; 4 Black. 253; 11 wheat. 446. However, if the award is as final as might be expected in the circumstances of the case, it is considered valid. Com. Dig. Arbitration, E 15. As far as form is concerned, the award may be made by parol or by deed, but in general, it must be made in accordance with the terms and requirements of the filing. (S. A.) Vide, general, Kyd on awards, index, h.t.; Caldwell on Arbitration, Index, h.t.; Dane is gone. c.
13; Com. Dig. Arbitration, E; Id Chancery, 2 K 1, &c.; 3 wines. From. 52, 372 1 158 15 East, r. 215; 1 ves. Jr. 364 1 Saund. 326, footnotes 1, 2 and 3; Wats. arbitral proceedings and awards; 3 bouv.
Inst., Nr. 2402 bis 2500. Anglo-French laureate to consider agarde, to decide, to impose, to consider the modification of the old French esguarder, of it-, intensive prefix + keep to keep reward refers to a judgment or punishment.