Arbitration

'' Wlien the parties injuring and injured submit all matters in dispute, concerning any personal chattel or personal wrong, to the judgment of two or more arbitrators who are to decide the controversy.5 A like submission of any matter in dispute. Although some jealousy is felt in allowing references of questions regarding realty, yet references have been had in cases of partition, disputed boundaries, waste by tenant, title of devisees, and generally upon titles. But crimes and misdemeanors are not subjects.'

Arbitrator.

A private extraordinary judge chosen by the parties who have a matter in dispute, and invested with power to decide the same.^ Compulsory arbitration. When assent in one party is enforced by law, under a rule to refer.

Volimtary arbitration

A reference freely consented to by both parties. At common law, was in pais — by agreement out of court, with no compulsory power over witnesses.

In pursuance of 9 iind 10 Will. Ill (1698), c.

15, is by rule of court — by order of a court directing that a submission upon a matter not yet in court shall be made a rule of the court. The statute enacts that all merchants and others who desire to end any controversy, suit, or quarrel (for which there is no remedy but by personal action or suit in equity) may agree that their submission of the suit to arbitration or umpirage shall be made a cases, Minshall.

J. See also Barklej v. Wilcox, 86 N. Y. 143-48 (1881), cases.

1 L. arbitrarius, capricious. a 4 Bl. Com. 333. a Treloar v. Bigge, L. R., 9 Ex. 154 (1874). < L. arbitrare, to act as umpire: arbiter, a witness, a judge. » 3 Bl. Com. 16. « Brown's Law Diet. rule of the klng^s courts of record, and may insert such agreement in their submission or promise, or as the condition of the arbitration-bond; which agreement being proved upon oath by a witness thereto, the court shall make a rule that such submission and award shall be conclusive.' A bond to abide the decision may be required. The arbitrators are the judges of both the law and the facts. They are not bound to disclose the grounds of their finding. They cannot modify or go beyond the precise question submitted; nor can they do general equity.^ Irregularities in appointing arbitrators, or in their proceedings, when apparent on the record, may be corrected by a writ of error; but those which are made so by extrinsic proof can be corrected only by the court below. Every presumption is made in favor of the award, unless flagrant error appears on the - record. While the proceedings remain in court (that is, unci! the arbitrators are appointed), it must appear by the record that everything is regi Uar, but after they are appointed the proceedings are out of court and need not be reduced to writing.^ The powers and duties of arbitrators are regulated by statute, and explanatory decisions, in each State. Arbitrations are regarded favorably. If they settle the rights of the parties, and their award can be rendered certain by reference to documentary evidence, they will be sustained. An award which leaves nothing to be done to dispose of the matter except a ministerial act is sufficient.* See further Abide; Award, 2; Refer, 1; Umpire. Arbitration of exchange. See Ex-