In the latter case a court of cassation is provided in the district com mittee for the affairs of the peasants (Uyezdnoe po krestianskim dolam prisutstviye), which has superseded the assembly of arbiters of the peace (mirovye posredniki) established in 1866.3 (W.
In Strabo we find the Druids still acting as arbiters in public and private matters, but they no longer deal with cases of murder.
The deed of submission first defines the terms of the reference, the name or names of the arbiters or arbitrators, and the "oversman" or umpire, whose decision in the event of the arbiters differing in opinion is to be final.
Formerly, where no oversman was named in the submission, and no power given to the arbiters to name one, the proceedings were abortive if the arbiters disagreed, unless the parties consented to a nomination.
4, where arbiters differ in opinion, they, or, if they fail to agree on the point, the court, on the application of either party, may nominate an oversman whose decision is to be final.
Under the common law of Scotland, a submission of future disputes or differences to an arbiter, or arbiters, unnamed, was ineffectual except where the agreement to refer did not contemplate the decision of proper disputes between the parties but the adjustment of some condition, or the liquidation of some obligation, contained in the contract of which the agreement to submit formed a part.
Under any circumstances, neither the training nor the position of judges is such as to make them fit to be the final arbiters of political disputes.
In his election speeches Gladstone had insisted on the necessity of the country returning a Liberal majority which could act independently of the Irish vote; and the result of the general election had left the Irish the virtual arbiters of the political situation.
2); and may name an arbiter where a party having the right or duty to nominate one of two arbiters will not exercise it (ib.