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Appraisement vs. arbitration

Defined in 1 dictionary — Case Law

Definitions from Case Law

From 218 U.S. 180 - City of Omaha v. Omaha Water Co. · 1910Most cited · 301 citing opinions

An arbitration implies a difference, a dispute, and involves ordinarily a hearing and all thereby implied. The right to notice of hearings, to produce evidence and cross-examine that produced, is implied when the matter to be decided is one of dispute and difference. But when, as here, the parties had agreed that one should sell and the other buy a specific thing, and the price should be a valuation fixed by persons agreed upon, it cannot be said that there was any dispute or difference. Such an arrangement precludes or prevents difference, and is not intended to settle any which has arisen. This seems to be the distinction between an arbitration and an appraisement.