Arbiter

A person bound to decide according to the rules of law and equity, as that it be according to the judgment of a sound man. Cowell. This distinction between arbiters and arbitrators is not observed in modern law. Russ. Arb. 112. See "Arbitrator." One appointed by the praetor to decide by the equity of the case, as distinguished from the judea;, who followed the law. Calv. Lex. One chosen by the parties to decide the dispute; an arbitrator. Bell, Diet.

A person bound to decide according to the rules of law and equity, as distinguished from an arbitrator, who may proceed wholly at his own discretion, so that it be according to the judgment of a sound man. Cowell. This distinction between arbiters and arbitrators is not observed in modern law. Russell, Arbitrator 112. See Arbitrator. One appointed by the Roman praetor to decide by the equity of the case, as distinguished from the judex, who followed the law. Calvinus, Lex. One chosen by the parties to decide the dispute; an arbitrator. Bell, Diet.

A person chosen to decide a controversy; an arbitrator, referee. A person bound to decide according to the rules of law and equity, as distinguished from an arbitrator, who may proceed wholly at his ov.n discretion, so that it be according to the judgment of a sound man. Cowell. According to Mr. Abbott, the distinction is as follows: "Arbitrator" is a technical name of a person selected with reference to an established system for friendly determination of controversies, which, though not judicial, is yet regulated by law; so that the powers and duties of the arbitrator, when once he is chosen, are prescribed by law, and. his doings may be judicially revised if he has exceeded his authority. "Arbiter" is an untechnical designation of a person to whom a controversy is referred, irrespective of any law to govern the decision ; and is the proper word to signify a referee of a question, outside of or above municipal law. But it is elsewhere said that the distinction between arbiters and arbitrators is not observed in modem law. Russ. Arb. 112.

In the Roman law. A judge invested with a discretionary power. A person appointed by the prætor to examine and decide that class of causes or actions termed "bones fidei," and who had the power of judging according to the principles of equity, (ex æquo et bono;) distinguished from the judex, (q. v.,) who was bound to decide according to strict law. Inst 4, 6, 30, 31.

I.

In the Roman law. A judge invested with a discretionary power; a person appointed by the praetor, to examine and decide causes termed honce fidei, and who had the power of judging according to equity; a person to whom the parties submitted their dispute, without the interference of a magistrata In Scots law. An arbitrator.

A person chosen to decide a controversy; an arbitrator, referee. A person bound to decide according to the rules of law and equity, as distinguished from an arbitrator, who way proceed wholly at his own discretion, so that it be according to the judgment of B sound man. Cowell. According to Mr. Abbott, the distinction js ag follows: “Arbitrator” is a technical name of a person selected with reference to an establishad system for friendly determination of controver sies, which, though not judicial, is yet regulated by law; sothat the powers and duties cf the ar bitrator, when ouce he is chosen, are prescribed by law, and his doings may be judicially revised if ha has exceeded itis authowty. “Arbiter” is an untechnical designation of a person to whom a controversy is referred, irrespective of any law ta govern the decision; and is the proper word to aig: nify a referee of a question outside of or above municipal law. But itis elsewhere said that the distinction be In the Roman law. A judge invested with a diseretionary power. <A person appointed by the prastor to examine and decide that class of causes or actions termed “tone fidei,” and who had the power of judging aczorling to the principles of equity, (ex equo at bonoy) distinguished from the judea, (q. d.,) who was bound to decide according to strict law. Inst. 4, 6, 30, 31,

Lat.

In the Roman law. A judge invested with a discretionary power. A person appointed by the praetor to examine and decide that class of causes or actions termed boruB Jidei, and who had the power of judging according to the principles of equity, {ex cequo et bono); distinguished from the judex, (q. v.) who was bound to decide according to strict law. Inst. 4. 6. 1. Cooper's Notes, in loc, CotoelL A person to whom contending parties submitted the decision of their dispute, without the interference of a magis Uate; answering to the modem term arbitrator. These arbitri were appointed by an agreement called compromissum, and were hence termed arbitri compromissarii. Dig.A.B, Cooper's Inst, ub. sup.