Compania Panemena Maritima San Gerassimo, S.a., As Owners or Chartered Owners of the Steamship Union Mariner Under Voyage Charter of August 23, 1955, Appellant, v. J. E. Hurley Lumber Company, As Voyage Charterers of Steamship Union Mariner, Appellee, 244 F.2d 286 (2d Cir. 1957)

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U.S. Court of Appeals for the Second Circuit - 244 F.2d 286 (2d Cir. 1957) Argued April 1, 1957
Decided April 30, 1957

 1

"§ 10. Same; vacation; grounds; rehearing

"In either of the following cases the United States court in and for the district wherein the award was made may make an order vacating the award upon the application of any party to the arbitration —

"(a) Where the award was procured by corruption, fraud, or undue means.

"(b) Where there was evidence partiality or corruption in the arbitrators, or either of them.

"(c) Where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced.

"(d) Where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.

"(e) Where an award is vacated and the time within which the agreement required the award to be made has not expired the court may, in its discretion, direct a rehearing by the arbitrators. July 30, 1947, c. 392, § 1, 61 Stat. 669."

"§ 11. Same; Modification or correction; grounds; order

"In either of the following cases the United States court in and for the district wherein the award was made may make an order modifying or correcting the award upon the application of any party to the arbitration —

"(a) Where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award.

"(b) Where the arbitrators have awarded upon a matter not submitted to them, unless it is a matter not affecting the merits of the decision upon the matter submitted.

"(c) Where the award is imperfect in matter of form not affecting the merits of the controversy.

"The order may modify and correct the award, so as to effect the intent thereof and promote justice between the parties. July 30, 1947, c. 392, § 1, 61 Stat. 669."