arbitration

the very purpose of arbitration procedures is to provide a mechanism for the expeditious settlement of industrial disputes without resort to strikes, lockouts, or other self-help measures

In practice. The investigation and determination of a matter or matters of difference between contending parties, by one or more unofficial persons, chosen by the parties, and called "arbitrators," or "referees." Duren v. Getchell, 55 Me. 241; Henderson v. Beaton', 52 Tex. 43; Boy-den v. Lamb, 152 Mass. 416, 25 N. E. 609; In re Curtis-Castle Arbitration, 64 Conn. 501, 30 Atl. 769, 42 Am. St. Rep. 200. Compulsory arbitration is that which takes place when the consent of one of the parties is enforced by statutory provisions. Voluntary arbitration is that which takes place by mutual and free consent of the parties.

In a wide sense, this term may embrace the whole method of thus settling controversies, and thus include all the various steps. But in more strict use, the decision is separately spoken of, and called an "award," and the "arbitration" denotes only the submission and hearing.

— Arbitration elanse. A clause inserted in a contract providing for compulsory arbitration in case of dispute as to rights or liabilities under it; ineffectual if it purports to oust the courts of jurisdiction entirely. See Perry v. Cobb, 88 Me 435, 34 Atl. 278, 49 L. R. A. 3,89.

— Arbitration of exchange. This takes place where a merchant pays his debts in one country by a bill of exchange upon another.

An investigation before and decision by unofl Scial persons, chosen by the parties, of a matter in dispute. It is compulsory when the consent of one of the parties is enforced by the law, and voluntary when it is by agreement of the parties, v. Submission.

In practice. The investigation and determination of a matter or mutters of difference between contending parties, by one or more unofficial persons, chosen by the parties, and called “arbitrators,” or “referees.” Worcester; 3 Bil. Comm. 16. Compulsory arbitration is that which takes place when the consent of one of the parties igs enforced by statutory provisions. Voluntary arbitration is that which takes place by mutual and free consent of the parties.

In a wide sense, Lhis term may embrace the whole method of thus settling controversies, and thus include all the various steps. But in more strict use, the decision is separately spoken of, and called an “award,” and the “arbitration” denotes only the submissiun and hearing.

'' 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-

[Lat. arbitratio, arbitratus.] The investigation, before an unofficial person, of the matters in difference between contending parties, pursuant to an agreement, (usually in writing,) termed a submission. Brande. The adjudication upon a matter in controversy, by private individuals, selected and appointed by the parties. P. Cyclopedia. 3 Bl. Com. 16. 3 Steph. Com. 374. Billings on Awards, 3.