The arbitrators who are to determine this difference are, unless otherwise specially agreed, to be chosen from the general list of members in the following manner: - each party is to name two arbitrators, and these are to' choose a chief arbitrator or umpire (sur-arbitre).
The arbitrator may also state his award in whole or in part as a special case (ib.
One arbitrator shall be selected using AAA procedures.
The delimitation of the southern frontier was in 1909 referred to the king of Spain as arbitrator between Great Britain and Germany.
C. 15 - any person revoking the appointment of an arbitrator after the submission had been made a rule of court might be attached.
Buchanan, United States minister at Buenos Aires, serving as arbitrator, reached a decision on the Atacama line north of 26° 52' 45" S.
And Theodosius I., took a great step forward, by which the bishop ceased to be a mere legally indicated arbitrator by consent in secular causes, and became a real judge.
If the votes are equally divided the selection of the chief arbitrator is to be entrusted to a third power to be named by the parties.
Fuller, of the Supreme Court of the United States, was named as arbitrator on the part of Great Britain, M.
His administration is notable, not so much for internal affairs but from the fact that he twice acted as arbitrator in disputes in which the Boer states were involved.
In a war which soon followed he was successful; the remonstrances of Carthage with Rome on the behaviour of her ally were answered by the appointment of Scipio as arbitrator; but, as though intentionally on the part of Rome, no definite settlement was arrived at, and thus the relations between Massinissa and the Carthaginians continued strained.
A submission is defined as a written agreement (it need not be signed by both parties) to submit present or future differences to arbitration, whether a particular arbitrator is named in it or not.
The capacity of a person to agree of to arbitration, or to act as arbitrator, depends on the general law of contract.
So, too, where a barrister was appointed arbitrator, the court refused to stop the arbitration on the mere ground that he was the client of a firm of solicitors, the conduct of one of whom was in question (Bright v.
Under the law prior to the act of 1889 (a) an agreement to refer disputes generally, without naming the arbitrators, was always irrevocable, and an action lay for the breach of it, although the court could not compel either of the parties to proceed under it; (b) an agreement to refer to a particular arbitrator was revocable, and if one of the parties revoked that particular arbitrator's authority he could not be compelled to submit to it; (c) when, however, the parties had got their tribunal fixed, and were proceeding to carry out the agreement to refer, the act 9 and io Will.
The object of this enactment was to save the expense of making a submission a rule of court by treating it as having been so made, and it leaves the law in this position, that while the authority of an arbitrator, once appointed, is irrevocable, there is no power - any more than there was under the old law - to compel an unwilling party to proceed to a reference, except in cases specially provided for by sections 5 and 6 of the act of 1889.
The former of these sections deals with the power of the court, the latter with the power of the parties to a reference, to appoint an arbitrator in certain circumstances.
Section 5 provides that where a reference is to be to a single arbitrator, and all the parties do not concur in appointing one, or an appointed arbitrator refuses to act or becomes incapable of acting, or where the parties or two arbitrators fail, when necessary, to appoint an umpire or third arbitrator, or such umpire or arbitrator when appointed refuses to act, or becomes incapable of acting, and the default is not rectified after seven clear days' notice, the court may supply the vacancy.
Under section 6, where a reference is to two arbitrators, one to be appointed by each party, and either the appointed arbitrator refuses to act, or becomes incapable of acting, and the party appointing him fails, after seven clear days' notice, to supply the vacancy, or such party fails, after similar notice, to make an original appointment, a binding appointment (subject to the power of the court to set it aside) may be made by the other party to the reference.
The court may compel parties to carry out an arbitration, not only in the above cases by directly appointing an arbitrator, &c., or by allowing one appointed by a party to proceed alone with the reference, but also indirectly by staying any proceedings before the legal tribunals to determine matters which come within the scope of the arbitration.
The court will refuse to stay proceedings where the subject-matter of the litigation falls outside the scope of the reference, or there is some serious objection to the fitness of the arbitrator, or some other good reason of the kind exists.
An arbitrator is not liable to be sued for want of skill or for negligence in conducting the arbitration (Pappa v.
An arbitrator (and the following observations apply mutatis mutandis to an umpire after he has entered on his duties) has power to administer oaths to, or take the affirmations of, the parties and their witnesses; and any person who wilfully and corruptly gives false evidence before him may be prosecuted and punished for perjury (Arbitration Act 1889, sched.
An arbitrator or umpire ought not, however, to state his award in such a way as to deprive the parties of their right to challenge the amount charged by him for his services; and accordingly where an umpire fixed for his award a lump sum as costs, including therein his own and the arbitrators' fees, the award was remitted back to him to state how much he allotted to himself and how much to the arbitrators (in Re Gilbert v.
If there is no express provision on the point in the submission, an award under the Arbitration Act 1889 must be made within three months after the arbitrator has entered on the reference, or been called upon to act by notice in writing from any party to the submission.
The time may, however, be extended by the arbitrator or by the court.
An award may, however, be set aside where the arbitrator has misconducted himself (an arbitrator may also be removed by the court on the ground of misconduct), or where it is ultra vires, or lacks any of the other requisites - above mentioned - of a valid award, or where the arbitrator has been wilfully deceived by one of the parties, or some such state of things exists.
The law of England as to the capacity to act as an arbitrator and as to objections to an arbitrator on the ground of interest has been closely followed by the American courts.
An arbitrator cannot resign if he has once commenced to act, and can only be relieved on some ground arising subsequently to the submission (art.
The procedure was gratuitous and voluntary; and the functions of the arbitrator were not judicial; he merely recorded the arrangement arrived at, or the refusal of conciliation.
He was joint reporter with Baron de Courcel of the Berlin conference in 1884-1885, and on several occasions he was chosen as arbitrator by one or other of the great European powers.
As arbitrator awarded the Carolines to her.
Nevertheless his reputation was so great that he was accepted as an arbitrator in doctrinal disputes amongst the reformers.
He accepted the chairmanship of the Royal Commission on Ritualistic Practices in the Church, and he did valuable work as 'an arbitrator; and though when the fiscal controversy arose he became a member of the Free-food League, his parliamentary loyalty to Mr Balfour did much to prevent the Unionist free-traders from precipitating a rupture.
The United States appointed as arbitrator Mr John M.
He was held personally responsible for the loss of a large sum of money during his administration of the state department, and after years of litigation was judged by an arbitrator to be indebted to the government for more than $49,000, which he paid at great sacrifice to himself.
Under an agreement of the 15th of December 1894, the disputes were to be decided by the Spanish sovereign as arbitrator, but nothing was accomplished.
In accordance with the treaty of 1858, which was confirmed in 1888 by the United States president, acting as arbitrator, and more fully defined in 1896, the boundary towards Costa Rica is drawn 2 m.
In August he joined with Spain and Holland in a manifesto against France, while secretly for a million livres he engaged himself to Louis, and in 1682 he proposed himself as arbitrator with the intention of treacherously handing over Luxemburg to France, an offer which was rejected owing to Spanish suspicions of collusion.
In 1902 the king of Sweden, as arbitrator under a convention signed at Washington in 1899, decided that Great Britain and the United States were liable for injuries due to action taken by their representatives during the military operations of 1899.
Clemenceau and Camille Pelletan as an arbitrator in the Carmaux strike (1892).
An international arbitrator may be the chief of a friendly power, or he may be a private individual.
In this respect international arbitration differs from civil arbitration, since a private arbitrator cannot delegate his office without express authority.
An instance under the last head occurred in 1831, when it was referred to the king of the Netherlands as sole arbitrator to fix the north-eastern boundary of the state of Maine.
Its boundary with Colombia is unfixed, a decision by the king of Spain, as arbitrator, in March 1891, having been rejected by Venezuela.
Apart from this system of compulsory reference by the praetor, Roman law recognized a voluntary reference (compromissum) to an arbiter or arbitrator by the parties themselves.
The arbitrator ex compromisso sumptus had no coercive jurisdiction, and in order to make his award effective, the agreement of reference was confirmed by a stipulation and usually provided a penalty (poena, petunia compromissa) in case of disobedience.
As an arbitrator is chosen by the parties themselves the question of his eligibility is of comparatively minor importance; and where an arbitrator has been chosen by both parties, the courts are reluctant to set the appointment aside.
This question has arisen chiefly in contracts for works, which frequently contain a provision that the engineer shall be the arbitrator, in any dispute between the contractor and his own employer.
An arbitrator cannot be compelled to act unless he is a party to the submission.
An attempt was made to include, under the expression "constructive corruption," among these statutory grounds of reduction, irregular conduct on the part of an arbitrator, with no suggestion of any corrupt motive.
The statutory definition of the grounds of reduction was intended, however, merely to put an end to the practice which had previously obtained of reviewing awards on their merits, and it does not prevent the courts from setting aside an award where the arbitrator has exceeded his jurisdiction, or disregarded any one of the expressed conditions of the submission, or been guilty of misconduct.
But this omission was supplied in Prussia by a law of the 29th of March 1879, which provided for the appointment, in each commune, of an arbitrator (Schiedsmann) before whom conciliation proceedings in contentious matters might be conducted.
The arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible.
The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing.
Complications ther ensued by the determined refusal of the two native officials to meet in conference; and the arbitrator had no course available but to take advantage of the notes already obtained on the spot, and return with them to Teheran, there to deliver his decision.
Adams as arbitrator and Mr J.
I), as arbitrator on the part of France.