All causes of action, whether there be a suit pending therefor or not, may be submitted to the decision of one (1) or more arbitrators, except in one (1) of the following cases: Where one (1) of the parties to the controversy is an infant or a person adjudicated incompetent; One (1) respecting a claim […]
The submission may be of some particular matters or demands, or of all demands which one (1) party has against the other, or of all mutual demands. Code 1858, § 3435; Shan., § 5191; Code 1932, § 9362; T.C.A. (orig. ed.), § 23-502.
The submission may be made by any party in interest, or by an executor, administrator, trustee, or assignee for creditors. Code 1858, § 3433; Shan., § 5189; mod. Code 1932, § 9360; T.C.A. (orig. ed.), § 23-503.
The submission shall be by written agreement, general or special, specifying what demands are to be submitted, the names of the arbitrators or the manner of their selection, but not necessarily that of the umpire, and the court by which the judgment on their award is to be rendered, and if such written agreement requires […]
On proof of such agreement, or by consent of parties in person or by counsel, it shall be entered in the proceedings of the court or on the docket of the judge, and an order made that the parties submit to the award, which shall be made in pursuance of such agreement. Upon such proof […]
No such submission shall be revocable after the submission agreement is signed by the parties or entered of record, without leave of the court, except by mutual consent entered of record. Code 1858, § 3439 (deriv. Acts 1851-1852, ch. 173, § 2); Shan., § 5195; Code 1932, § 9367; impl. am. Acts 1979, ch. 68, […]
The arbitrators shall give notice of the time and place of the hearing, which notice shall be served or accepted at least five (5) days before the day set for trial. They, or a majority of them, may grant continuances upon their own motion or upon application of either party for good cause shown, but […]
If either party neglects to appear for trial after due notice, except on account of sickness or unavoidable absence, the arbitrators may proceed to a hearing and determination. Code 1932, § 9371; T.C.A. (orig. ed.), § 23-508. Collateral References. 6 C.J.S. Arbitration §§ 84, 92, 93. Arbitration and award 24.
In all submission cases, depositions may be taken to be used before the arbitrators, and witnesses may be summoned by subpoena, to be issued by the clerk of the court as in other cases. These witnesses may be sworn by any arbitrator, or umpire, and, if guilty of false swearing, they are liable to all […]
Where, and only where, the submission expressly so provides may an umpire be appointed by the arbitrators; the same to be done by them in writing. The umpire shall sit with the original arbitrators upon the hearing; if testimony has been taken before the umpire’s appointment, the matter must be reheard unless a rehearing is […]
If the time within which the award is to be made is fixed in the submission, no award made after that time shall have any legal effect, unless made upon a recommitment by the court; the court or parties by consent in writing may, however, enlarge the time within which an award is to be […]
The award shall be in writing, and should be delivered by the umpire or one (1) of the arbitrators to the court designated in the agreement, or it may be enclosed and sealed by them, and transmitted to the court, and not opened until the court orders. Code 1858, § 3446; Shan., § 5202; mod. […]
The cause will be entered on the docket and called up and acted upon in its order; but the court may require actual notice to be given either party, when it appears necessary and proper, before proceeding to act on the award. Code 1858, § 3447; Shan., § 5203; Code 1932, § 9376; T.C.A. (orig. […]
The award may be rejected by the court for any legal and sufficient reasons, or it may be recommitted for a rehearing to the same or any other arbitrators agreed upon by the parties in writing. Code 1858, § 3448; Shan., § 5204; mod. Code 1932, § 9377; T.C.A. (orig. ed.), § 23-514.
The court is empowered, on motion of either party, to correct or modify the award: Where there is manifest a miscalculation of figures, or a mistake in the description of any person, thing or property referred to in the award; Where there has been covered in the award a matter not submitted, if not merely […]
Arbitrators and the umpire, if one, shall be entitled to five dollars ($5.00) for each day they were actually engaged in their duties, or to such greater sum as the parties may have in the submission agreed, or as they may in subsequent writing stipulate. Code 1932, § 9381; T.C.A. (orig. ed.), § 23-516. Collateral […]
If there is no provision in the submission respecting costs, the arbitrators, or the court, may apportion and tax same. The court is empowered to revise any apportionment or taxation made by the arbitrators. Code 1932, § 9380; T.C.A. (orig. ed.), § 23-517. Collateral References. 6 C.J.S. Arbitration §§ 179-183. Awarding attorneys’ fees in connection […]
When the award is adopted, it is filed and entered on the records, and judgment shall be rendered including costs and fees to the arbitrators and any umpire, and execution or other necessary process awarded accordingly. Code 1858, § 3449 (deriv. Acts 1851-1852, ch. 173, § 3); Shan., § 5205; mod. Code 1932, § 9379; […]
Awards of arbitrators under agreements not reached in pursuance of this chapter may nevertheless be valid, as contracts, impeachable for fraud or mistake; but such awards may only be enforced by independent actions. Code 1932, § 9382; T.C.A. (orig. ed.), § 23-519. Law Reviews. Tennessee Labor Decisions: 1901-1954 (James C. Kirby, Jr.), 8 Vand. L. […]
