Opinion
January 4, 1960.
March 22, 1960.
Arbitration — Common law arbitration — Scope of judicial review — Act of April 25, 1927, P. L. 381.
In this appeal in which it appeared that the plaintiffs filed a petition to modify and correct or vacate an arbitration award and the court below found that it was a common law arbitration rather than one under the Act of April 25, 1927, P. L. 381, it was Held that the court below had properly ruled that (1) the scope of judicial review in common law arbitration is limited to a situation wherein there has been a denial of a proper hearing, misconduct or some other irregularity on the part of the arbitrators, (2) no such ground for review appeared, (3) there is no presumption that a contract executed after the passage of the Arbitration Act of 1927 (and which does not come within the terms of § 16 of that act) containing an arbitration clause incorporates the term of that Act, and (4) the court below had properly discharged the plaintiffs' petition.
Argued January 4, 1960. Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.
Appeals, Nos. 279, 280 and 281, Jan. T., 1959, from order of Court of Common Pleas No. 1 of Philadelphia County, Dec. T., 1958, No. 1867, in case of Walter Freeman et al. v. Ajax Foundry Products, Inc. et al. Order affirmed.
Same case in court below: 20 Pa. D. C.2d 128.
Proceedings on petition to modify and correct or vacate arbitration award.
Order entered discharging plaintiffs' rule to modify or vacate arbitration award, opinion by GRIFFITHS, J. Plaintiffs appealed.
Abraham L. Freedman, with him Robert E. Wachs, Louis J. Goffman, and Wolf, Block, Schorr and Solis-Cohen, for appellants.
Nochem S. Winnet, with him Stephen J. Korn, Nathan L. Posner, and Fox, Rothschild, O'Brien Frankel, for appellees.
The order entered in the court below is affirmed on the opinion of Judge GRIFFITHS, of the Court of Common Pleas No. 1 of Philadelphia County, reported in 20 Pa. D. C.2d 128.