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Appraisement vs. arbitration

Definitions from Case Law · United States Supreme Court

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.

How often courts cite the case defining “Appraisement vs. arbitration”

191019201940196019802000202077

Court decisions citing the opinion that defined “Appraisement vs. arbitration” — 301 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.