A court of arbitration appointed by the Continental Congress met at Trenton, New Jersey, in 1782, and on December 30th gave a unanimous decision in favour of Pennsylvania.
Arbitration differs from Mediation in so far as it is a judicial act, whereas Mediation involves no decision, but merely advice and suggestions to those who invoke its aid.
Gallatin worked at his new task with his usual industry, tact and patience, but the results were meagre, although an open breach on the delicate question of the north-east boundary of the United States was avoided by referring it to the arbitration of the king of the Netherlands.
ARBITRATION International arbitration is a proceeding in which two nations refer their differences to one or more selected persons, who, after affording to each party an opportunity of being heard, pronounce judgment on the matters at issue.
Other examples are shortly noticed in the tables on p. 505, which although by no means exhaustive, sufficiently indicate the scope and trend of arbitration during the years covered.
It was eventually compromised by giving the power, but only with safeguarding conditions, to the Federal arbitration court.
An agitation began for the organization of Chambers of Labor, intended to look after the technical education of workmen and to form commissions of arbitration in case of strikes.
In this respect international arbitration differs from civil arbitration, since a private arbitrator cannot delegate his office without express authority.
After leaving public life he resumed the practice of the law, and in 1898 was retained by the government of Venezuela as its leading counsel in the arbitration of its boundary dispute with Great Britain.
In this capacity he appeared before the international tribunal of arbitration at Paris in 1899, worthily maintaining the reputation of the American bar.
These were contested by Germany, whose flag was hoisted on Yap, and the matter was referred to the arbitration of Pope Leo XIII.
A fresh arbitration might have to be entered on to decide (I) what the law was, (2) whether it applied to the matter in hand.
In civil arbitration, the decision or award may be made a rule of court, after which it becomes enforceable by writ of execution against person or property.
In the Bering Sea arbitration there were seven arbitrators, two nominated by Great Britain, two by the United States, and the remaining three by the president of the French Republic, the king of Italy, and the king of Sweden and Norway respectively.
The history of international arbitration is dealt with in the article Peace, where treaties of general arbitration are discussed, both those which embrace all future differences thereafter to arise between the contracting parties, and also those more limited conventions which aim at the settlement of all future differences in regard to particular subjects, e.g.
In the " Alabama " arbitration five arbitrators were nominated by the president of the United States, the queen of England, the king of Italy, the president of the Swiss Confederation, and the emperor of Brazil respectively.
No self-respecting power would, of course, consent to submit to arbitration a question of life or death.
Arbitration and mediation will be found briefly noticed in Phillimore's International Law; in Sir Henry Maine's Lectures, delivered in Cambridge in 1887; in W.
The Oyapok, or Vicente Pinzon, is the best-known of the group and forms the boundary line between Brazil and French Guiana under the arbitration award of 1900.
An example of this is found in the ninth canon of Chalcedon, which also illustrates the enforcement upon a clerical plaintiff in dispute with a brother cleric of that recourse to the arbitration of their ecclesiastical superior already mentioned.
The rapid growth of international arbitration in recent times may be gathered from the following figures.
The present article is concerned exclusively with arbitration in regard to such existing differences as are capable of precise statement and of prompt adjustment.
(2) The second arbitration before the Hague court was more important than the first, not only because so many of the great powers were concerned in it, but also because it brought about the discontinuance of acts of war.
Of the numerous treaties for general arbitration which have been made during the 10th century that between Great Britain and France (1903) is a type.
In order that international arbitration may do its perfect work, it is not enough to set up a standing tribunal, whether at the Hague or elsewhere, and to equip it with elaborate rules of procedure.
Evans Darby, and is published, along with'the texts of several projects for general arbitration, at the offices of the Peace Society, 47 New Broad Street, London.
As regards the Peruvian boundary, an agreement was reached in 1904 to submit the dispute to the arbitration of the president of Argentina in case further efforts to reach an amicable settlement failed.
During the remainder of the term of this president internal and financial progress were undisturbed save by an outbreak in 1904 in the Cunani district, the very portion of disputed territory which had been assigned to Brazil by the arbitration with France.
On the best mode of maintaining union, voluntary boards of arbitration, missionary bishops and missionaries, continental chaplains and the report of a committee on difficulties submitted to the conference.
These were referred to the arbitration of Queen Victoria, and, after a careful survey under the direction of Sir Thomas H.
The delay of the arbitration tribunal in London in giving its decision in the matter of the disputed boundary in Patagonia led to a crop of wild rumours being disseminated, and to a revival of animosity between the two peoples.
The dispute was of very old standing, and the settlement by arbitration in 1899 of the acute misunderstanding between Great Britain and Venezuela regarding the western boundary of British Guiana, and the reference to arbitration in that same year of the FrancoBrazilian dispute, led to an agreement being made in 1901 between Brazil and Great Britain for the submission of their differences to the arbitration of the king of Italy.
He named Professor Lammasch, who, as we have seen, had acted in the arbitration with Venezuela in 1903.
The prospects of the expansion of international arbitration will be more clearly perceived if we classify afresh all state differences under two heads: - (r) those which have a legal character, (2) those which have a political character.
A London journal, The Herald of Peace and International Arbitration, issued some years ago a list of instances in which arbitration or mediation had been successfully resorted to during the 19th century.