Trimble v. Graves

Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
No. 5-10-0075
Decision Date: 
Thursday, April 14, 2011
District: 
5th Dist.
Division/County: 
Richland Co.
Holding: 
Reversed and remanded with directions.
Justice: 
GOLDENHERSH
Parties entered into agreement to lease registered Jersey cows, and eight years later signed "Arbitration Agreement" for arbitrators to decide dispute over delivery of cows. Arbitrators improperly inquired what Defendants thought would be a fair result, and improperly made a motion to delegate to Defendants the duty to determine amount of award, which was outside the powers of arbitrators listed in Agreement. Arbitrators exceeded their powers by failing to adhere to terms of Agreement, and violated the settled principle of arbitration to decide the merits of the matter before them. (WELCH and WEXSTTEN, concurring.)