In re the Arbitration between Overseas Distributors Exchange, Inc. & Benedict Bros., & Co.

This appeal brings up for review an order of Special Term confirming an arbitration award. Various grounds were urged below for invalidating the award, all of which were overruled. In our opinion, however, the objection as to the lack of finality and eonclusiveness of the award should have been sustained. The absence of a mutual, final and definite award upon the subject matter submitted requires a remand to the arbitrators for further action.

We recognize that an award may be deemed to be final if all that remains to be done are ministerial acts or arithmetical calculations. Where a formula…