Word Finder - arbitration

definition

The act or process of arbitrating.

definition

A process through which two or more parties use an arbitrator or arbiter in order to resolve a dispute.

definition

In general, a form of justice where both parties designate a person whose ruling they will accept formally. More specifically in Market Anarchist (market anarchy) theory, arbitration designates the process by which two agencies pre-negotiate a set of common rules in anticipation of cases where a customer from each agency is involved in a dispute.

No self-respecting power would, of course, consent to submit to arbitration a question of life or death.

A court of arbitration appointed by the Continental Congress met at Trenton, New Jersey, in 1782, and on December 30th gave a unanimous decision in favour of Pennsylvania.

Arbitration differs from Mediation in so far as it is a judicial act, whereas Mediation involves no decision, but merely advice and suggestions to those who invoke its aid.

It was eventually compromised by giving the power, but only with safeguarding conditions, to the Federal arbitration court.

A fresh arbitration might have to be entered on to decide (I) what the law was, (2) whether it applied to the matter in hand.

In this respect international arbitration differs from civil arbitration, since a private arbitrator cannot delegate his office without express authority.

Gallatin worked at his new task with his usual industry, tact and patience, but the results were meagre, although an open breach on the delicate question of the north-east boundary of the United States was avoided by referring it to the arbitration of the king of the Netherlands.

After leaving public life he resumed the practice of the law, and in 1898 was retained by the government of Venezuela as its leading counsel in the arbitration of its boundary dispute with Great Britain.

These were contested by Germany, whose flag was hoisted on Yap, and the matter was referred to the arbitration of Pope Leo XIII.

In the " Alabama " arbitration five arbitrators were nominated by the president of the United States, the queen of England, the king of Italy, the president of the Swiss Confederation, and the emperor of Brazil respectively.

When an action is in court the parties may at any stage withdraw it from judicial determination, and refer it to arbitration.

In August an ultimatum was received from Chile demanding arbitration.

In civil arbitration, the decision or award may be made a rule of court, after which it becomes enforceable by writ of execution against person or property.

Other examples are shortly noticed in the tables on p. 505, which although by no means exhaustive, sufficiently indicate the scope and trend of arbitration during the years covered.

The decision of the adjudicator shall be binding on both parties until the dispute is finally determined by arbitration pursuant to clause 9.5 hereof.

In this capacity he appeared before the international tribunal of arbitration at Paris in 1899, worthily maintaining the reputation of the American bar.

In the Bering Sea arbitration there were seven arbitrators, two nominated by Great Britain, two by the United States, and the remaining three by the president of the French Republic, the king of Italy, and the king of Sweden and Norway respectively.

The history of international arbitration is dealt with in the article Peace, where treaties of general arbitration are discussed, both those which embrace all future differences thereafter to arise between the contracting parties, and also those more limited conventions which aim at the settlement of all future differences in regard to particular subjects, e.g.

The establishment of a permanent tribunal at the Hague, pursuant to the Peace convention of 1899, marks a momentous epoch in the history of international arbitration.

After arbitration by the king of Spain had been agreed upon, the question was considered by two Spanish commissions, and modifications favouring Peru were recommended.

Finally, under a convention of the 17th of April 1896, these conflicting claims were submitted to arbitration.

The new licences were to terminate in 1911 without any provision for purchase or compensation in that year, but with the option to the government to purchase the plant of the licensees in 1890, 1897, or 1904 at a price to be determined by arbitration.

The subject matter over which the ecclesiastical courts had jurisdiction was no longer purely " criminal " with a civil quasijurisdiction by way of arbitration.

After this short ministry he represented his country with dignity and effect at the Hague peace congress, and in 1903 was nominated a member of the permanent court of arbitration.

Any difference between the government and the council, if not possible of adjustment, was to be settled by arbitration.

All differences falling under the first of these two general heads appear to be suitable for international arbitration.

On March 3, however, Italy, who had steadily refused to recognize the accomplished fact of Yugoslav unity and insisted on the Conference only admitting the Yugosla y s as a " Serbian " delegation, declined American arbitration and threatened to withdraw altogether from Paris unless their territorial demands were conceded.

The Senate can interpose a veto in all matters of legislation, saving taxation, and where there is a collision between the two bodies, provision is made for reference to a court of arbitration, consisting of members of both houses in equal numbers, and also to the supreme court of the empire (Reichsgericht) sitting at Leipzig.

There is also a special court of arbitration in commercial disputes and another for such as arise under accident insurance.

The decision was in favour of Waterboer, who had, on the 25th of August 1870, before the appointment of the arbitration court, offered his territory to Great Britain, and it was understood by all the parties interested that that offer would be accepted.

But apart from the relief suggested being entirely inadequate, it was only to be given on certain conditions, one of which was that all future disputes which might arise between the Transvaal and the Imperial government should be referred to a court of arbitration, of which the president should be a foreigner.

The franchise, again, was an internal affair, in which the convention gave Great Britain no right to interfere, while if Great Britain relied on certain definite breaches of the convention, satisfaction for which was sought in the first place in such a guarantee of amendment as the Uitlander franchise would involve, the Boer answer was an offer of arbitration, a course which Great Britain could not accept without admitting the South African Republic to the position of an equal.

That all points of mutual difference shall be regulated by the friendly course of arbitration, or by what- The ever amicable way may be agreed upon by the government with Her Majesty's Government.

A board of trade arbitration and a school of commerce and industry are among the public institutions.

The boundary dispute with British Guiana was settled in October 1899 by an arbitration court in Paris.

On the 18th of December 1895 a message was sent to the United States Congress by President Cleveland practically stating that any attempt on the part of the British Government to enforce its claims upon Venezuela as regards the boundary between that country and Guiana without resort to arbitration would be considered as a casus belli by his government.

The question was subsequently arranged in 1899 by arbitration, and by the payment of a moderate indemnity to the British officers and men who had been captured.

The dispute was finally referred by mutual consent to the Hague Court of Arbitration.

The 24th of June, 1904, was the date fixed on which control passed to the Board, and in the meantime a Court of Arbitration adjudicated the claims of the companies for compensation for the acquisition of their properties.

The Kharijites who had opposed 'Ali on the ground that he had no right to allow the appeal to arbitration, were defeated at Nahrawan or Nahrwan (658), but those who escaped became fierce propagandists against the Koreish, some claiming that the caliph should be chosen by the Faithful from any tribe of the Arabs, some that there should be no caliph at all, that God alone was their ruler and that the government should be carried on by a council.

The question was referred for arbitration to the emperor of Austria, whose award published in 1880, upheld the contention of the Indians, and affirmed that the suzerainty of Nicaragua was limited by their right of self-government.

With the exception of parts of the Ecuador, Brazil and Bolivia frontiers, all the boundary lines have been disputed and referred to arbitration - those with Colombia and Ecuador to the king of Spain, and that with Bolivia to the president of Argentina, on which a decision was rendered on the 9th of July 1909.

The latter state claimed sovereignty over the Napo and Maranon rivers on the grounds of the ecclesiastical jurisdiction exercised over this section of territory during the period of Spanish dominion, the government of Colombia asserting that these ecclesiastical rights to which Colombia became entitled after her separation from the Spanish crown carried also the right of absolute ownership. In a treaty signed by the three interested states in 1895 a compromise was effected by which Colombia withdrew a part of the claim advanced, and it was agreed that any further differences arising out of this frontier question should be submitted to the arbitration of the Spanish crown.

The most important event in foreign policy was the treaty with Great Britain of the 8th of May 1871, commonly known as the Treaty of Washington, whereby several controversies between the United States and Great Britain, including the bitter questions as to damage inflicted upon the United States by the "Alabama" and other Confederate cruisers built and equipped in England, were referred to arbitration.

During the first years of its alliance with Rome it held the rank of a free confederate city; but, having sought arbitration on some of its domestic disputes, it was subjected to the imperial jurisdiction, and gradually stripped of its privileges, until reduced to the status of an ordinary Roman colony.

The Samians refused the arbitration of Athens.

In the beginning of March 1921, direct negotiation between Poland and Lithuania under the aus p ices of the League of Nations, to be followed by arbitration on unsettled points, was proposed in lieu of the plebiscite and agreed to by all parties.

In 54 B.C. the people of Reate appealed to Cicero to plead their cause in an arbitration which had been appointed by the Roman senate to settle disputes about the river, and in connexion with this he made a personal inspection of Lake Velinus and its outlets.

In one case at least mediation has been successful after a proposal for arbitration had failed.

In 1844, when war between Spain and Morocco was threatened by reason of the frequent raids by the inhabitants of the Rif on the Spanish settlement of Ceuta, Spain declined arbitration on the ground that her rights were too clear for argument.