Wolf v. Augustine

Supreme Court of Pennsylvania
Wolf v. Augustine, 181 Pa. 576 (Pa. 1897)
37 A. 574; 1897 Pa. LEXIS 583
Dean, Fell, Green, Mitchell, Pub, Williams

Wolf v. Augustine

Opinion of the Court

Pub. Curiam,

It is very clear that where the submission makes no provision *582for filling vacancies in tbe board of arbitration, tbe occurrence of a vacancy by death or otherwise revokes the submission. In such circumstances the court possesses no power to compel the parties to select other arbitrators. The submission necessarily fails. The learned court below was certainly right in making absolute the rule to show cause why the rule to arbitrate should not be discharged and the proceedings thereunder dismissed, and the reasons for their action are very well set forth in the opinion filed, which we fully approve.

Judgment affirmed.

Reference

Full Case Name
Joseph Wolf v. Jasper Augustine
Cited By
6 cases
Status
Published
Syllabus
Arbitration — Vacancies in the board, of arbitration — Revocation. Where a submission to arbitration makes no provision for filling vacancies in the board of arbitration, a vacancy caused by the refusal of one of the arbitrators to act revokes the submission.