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.
No self-respecting power would, of course, consent to submit to arbitration a question of life or death.
1083) for the arbitration of the king of Sweden.
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.
It was eventually compromised by giving the power, but only with safeguarding conditions, to the Federal arbitration court.
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.
In this respect international arbitration differs from civil arbitration, since a private arbitrator cannot delegate his office without express authority.
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.
These were contested by Germany, whose flag was hoisted on Yap, and the matter was referred to the arbitration of Pope Leo XIII.
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.
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.
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.
The rapid growth of international arbitration in recent times may be gathered from the following figures.
In this capacity he appeared before the international tribunal of arbitration at Paris in 1899, worthily maintaining the reputation of the American bar.
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.
The principle of arbitration being accepted, the conditions were quickly arranged.
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.
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.
Once this became known, the question was submitted for arbitration to the king of the Netherlands, who ruled the St. John River to be the border.
In all this legislation one of the most hotly contested points was whether the arbitration court should be given power to lay it down that workers who were members of a trade union should be employed in preference to non-unionists.
The present article is concerned exclusively with arbitration in regard to such existing differences as are capable of precise statement and of prompt adjustment.
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.
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.
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 model followed in these two states was not Victoria but New Zealand, where an Industrial Conciliation and Arbitration Act was passed in 1894.
(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.
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.
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.
It was the same question that formed the chief subject of debate over the Federal Conciliation and Arbitration Act, which, after causing the defeat of more than one ministry, passed through the Commonwealth parliament in 1904.
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.
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.
The chief authority for determining whether these conditions are satisfied or not is the Federal arbitration court.
Arbitration under such conditions was contemptuously rejected, and after the king had ordered the sheriffs to seize the lands and goods of the revolting nobles, London opened its gates and peacefully welcomed the baronial army.
Among the measures and events distinguishing his term as president were the following: The meeting of the Pan-American Congress at Washington; the passage of the McKinley Tariff Bill and of the Sherman Silver Bill of 1890; the suppressing of the Louisiana Lottery; the enlargement of the navy; further advance in civil service reform; the convocation by the United States of an international monetary conference; the establishment of commercial reciprocity with many countries of America and Europe; the peaceful settlement of a controversy with Chile; the negotiation of a Hawaiian Annexation Treaty, which, however, before its ratification, his successor withdrew from the Senate; the settlement of difficulties with Germany concerning the Samoan Islands, and the adjustment by arbitration with Great Britain of the Bering Sea fur-seal question.
Since that time, however, valuable maps have been published by an Oficina de mensura de tierras, by a seccion de geografia y minas connected with the department of public works, by the Oficina hidrografica, and more especially in connexion with surveys necessitated by the boundary disputes with Argentina, which were settled by arbitration in 1899 and 1902.
As early as1652-1654there is evidence of some slight organization for dealing with marriages, poor relief, " disorderly walkers," matters of arbitration, &c. The Quarterly or " General " meetings of the different counties seem to have been the first unions of separate congregations.
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.
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.
In South America strictly defined boundaries are still the exception, and the claims of neighbouring nations have very frequently given rise to war, though now more commonly to arbitration.'
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.
In 1849 he brought forward a proposal in parliament in favour of international arbitration, and in 1851 a motion for mutual reduction of armaments.
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.
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.
Unlike the latter, they reproduced the institution of district conciliation boards in addition to the arbitration court; but these boards were a failure here as they were in New Zealand, and after 1903 they fell into disuse.
Arbitration and Conciliation >>
Finally, under a convention of the 17th of April 1896, these conflicting claims were submitted to arbitration.
In August an ultimatum was received from Chile demanding arbitration.
The new licences were to terminate in 1911 without any provision for purchase or compensation in that year, but with the option to the government to purchase the plant of the licensees in 1890, 1897, or 1904 at a price to be determined by arbitration.
The subject matter over which the ecclesiastical courts had jurisdiction was no longer purely " criminal " with a civil quasijurisdiction by way of arbitration.
After this short ministry he represented his country with dignity and effect at the Hague peace congress, and in 1903 was nominated a member of the permanent court of arbitration.
Any difference between the government and the council, if not possible of adjustment, was to be settled by arbitration.
The establishment of a permanent tribunal at the Hague, pursuant to the Peace convention of 1899, marks a momentous epoch in the history of international arbitration.
All differences falling under the first of these two general heads appear to be suitable for international arbitration.
On March 3, however, Italy, who had steadily refused to recognize the accomplished fact of Yugoslav unity and insisted on the Conference only admitting the Yugosla y s as a " Serbian " delegation, declined American arbitration and threatened to withdraw altogether from Paris unless their territorial demands were conceded.
The Senate can interpose a veto in all matters of legislation, saving taxation, and where there is a collision between the two bodies, provision is made for reference to a court of arbitration, consisting of members of both houses in equal numbers, and also to the supreme court of the empire (Reichsgericht) sitting at Leipzig.
There is also a special court of arbitration in commercial disputes and another for such as arise under accident insurance.
To settle the boundary question an arbitration court was appointed consisting of a Transvaal landdrost, A.
The decision was in favour of Waterboer, who had, on the 25th of August 1870, before the appointment of the arbitration court, offered his territory to Great Britain, and it was understood by all the parties interested that that offer would be accepted.
But apart from the relief suggested being entirely inadequate, it was only to be given on certain conditions, one of which was that all future disputes which might arise between the Transvaal and the Imperial government should be referred to a court of arbitration, of which the president should be a foreigner.
The franchise, again, was an internal affair, in which the convention gave Great Britain no right to interfere, while if Great Britain relied on certain definite breaches of the convention, satisfaction for which was sought in the first place in such a guarantee of amendment as the Uitlander franchise would involve, the Boer answer was an offer of arbitration, a course which Great Britain could not accept without admitting the South African Republic to the position of an equal.
That all points of mutual difference shall be regulated by the friendly course of arbitration, or by what- The ever amicable way may be agreed upon by the government with Her Majesty's Government.
A board of trade arbitration and a school of commerce and industry are among the public institutions.
The boundary dispute with British Guiana was settled in October 1899 by an arbitration court in Paris.
On the 18th of December 1895 a message was sent to the United States Congress by President Cleveland practically stating that any attempt on the part of the British Government to enforce its claims upon Venezuela as regards the boundary between that country and Guiana without resort to arbitration would be considered as a casus belli by his government.
The question was subsequently arranged in 1899 by arbitration, and by the payment of a moderate indemnity to the British officers and men who had been captured.
The dispute was finally referred by mutual consent to the Hague Court of Arbitration.
The 24th of June, 1904, was the date fixed on which control passed to the Board, and in the meantime a Court of Arbitration adjudicated the claims of the companies for compensation for the acquisition of their properties.
After the battle of Siffin (657) arbitration was resorted to for the settlement of the rival claims. By a trick `Ali was deposed (658), and the Omayyad dynasty was established with its capital at Damascus.
The Kharijites who had opposed 'Ali on the ground that he had no right to allow the appeal to arbitration, were defeated at Nahrawan or Nahrwan (658), but those who escaped became fierce propagandists against the Koreish, some claiming that the caliph should be chosen by the Faithful from any tribe of the Arabs, some that there should be no caliph at all, that God alone was their ruler and that the government should be carried on by a council.
Bering Sea Arbitration >>
The question was referred for arbitration to the emperor of Austria, whose award published in 1880, upheld the contention of the Indians, and affirmed that the suzerainty of Nicaragua was limited by their right of self-government.
With the exception of parts of the Ecuador, Brazil and Bolivia frontiers, all the boundary lines have been disputed and referred to arbitration - those with Colombia and Ecuador to the king of Spain, and that with Bolivia to the president of Argentina, on which a decision was rendered on the 9th of July 1909.
After arbitration by the king of Spain had been agreed upon, the question was considered by two Spanish commissions, and modifications favouring Peru were recommended.
of 1908, by direct negotiation if possible, or, failing this, by arbitration.
The latter state claimed sovereignty over the Napo and Maranon rivers on the grounds of the ecclesiastical jurisdiction exercised over this section of territory during the period of Spanish dominion, the government of Colombia asserting that these ecclesiastical rights to which Colombia became entitled after her separation from the Spanish crown carried also the right of absolute ownership. In a treaty signed by the three interested states in 1895 a compromise was effected by which Colombia withdrew a part of the claim advanced, and it was agreed that any further differences arising out of this frontier question should be submitted to the arbitration of the Spanish crown.
The most important event in foreign policy was the treaty with Great Britain of the 8th of May 1871, commonly known as the Treaty of Washington, whereby several controversies between the United States and Great Britain, including the bitter questions as to damage inflicted upon the United States by the "Alabama" and other Confederate cruisers built and equipped in England, were referred to arbitration.
During the first years of its alliance with Rome it held the rank of a free confederate city; but, having sought arbitration on some of its domestic disputes, it was subjected to the imperial jurisdiction, and gradually stripped of its privileges, until reduced to the status of an ordinary Roman colony.
The Samians refused the arbitration of Athens.
In the beginning of March 1921, direct negotiation between Poland and Lithuania under the aus p ices of the League of Nations, to be followed by arbitration on unsettled points, was proposed in lieu of the plebiscite and agreed to by all parties.
In 54 B.C. the people of Reate appealed to Cicero to plead their cause in an arbitration which had been appointed by the Roman senate to settle disputes about the river, and in connexion with this he made a personal inspection of Lake Velinus and its outlets.
The difference between mediation and arbitration may be stated in the words of the Digest (lib.
In one case at least mediation has been successful after a proposal for arbitration had failed.
In 1844, when war between Spain and Morocco was threatened by reason of the frequent raids by the inhabitants of the Rif on the Spanish settlement of Ceuta, Spain declined arbitration on the ground that her rights were too clear for argument.
The American firm assisted in funding the national debt at the time of the resumption of specie payments, and the London house were fiscal agents of the United States government in 1873-1884, and as such received the $15,50o,000 awarded by the Geneva Arbitration Court in settlement of the "Alabama Claims" against Great Britain.
The work of the Bureau of Statistics of Labor, of the Bureau of Health, of the Board of Railroad Commissioners, and of the Board of Conciliation and Arbitration, and the progress of civil service, have been remarkable for value and efficiency.
efforts of the board there was an increase in the frequency of appeal to arbitration, and settlements by compromise were often made.
In the same period the mediation of the Board settled disputes affecting 5560 establishments; and in the latter half of this period labour disputes involving hostilities and of the magnitude contemplatedby the statute governing the Board of Conciliation and Arbitration had almost disappeared.
In 1877 he was counsel for Great Britain before the Anglo-American fisheries arbitration at Halifax; in 1897 he was a joint delegate to Washington with Sir Wilfrid Laurier on the Bering Sea seal question; and in1898-1899a member of the Anglo-American joint high commission at Quebec.
Another important event was the action of the government as regards the question of arbitration between Great Britain and Venezuela, in which Richard Olney, the secretary of state, played a somewhat aggressive part.
The legislature appointed an arbitration commission, but this was unsuccessful, and the trouble, spreading to other counties, culminated (1845) in the murder of the deputy-sheriff of Delaware county.
The disproportionate rise in the case of females is probably due to the policy of the industrial arbitration court.
Meanwhile the keystone of the regulative system had been laid by the passing of the Industrial Conciliation and Arbitration Act, under which disputes between employers and unions of workers are compulsorily settled by state tribunals; strikes and lock-outs are virtually prohibited in the case of organized work-people, and the conditions of employment in industries may be, and in many cases are, regulated by public boards and courts.
In 1898 also the municipal franchise, hitherto confined to ratepayers, was greatly widened; in 1900 the English system of compensation to workmen for accidents suffered in their trade was adopted with some changes, one of the chief being that contested claims are adjudicated upon cheaply and expeditiously by the same arbitration court that decides industrial disputes.
A year after the addition of the Conquered Territory to the state another boundary dispute was settled by the arbitration of Mr Keate, lieutenant-governor of Natal.
In disputes between states, arbitration has long played an important part (see [[International arbitration).
The present article is restricted to arbitration under municipal law; but a separate article is also devoted to the use of arbitration in labour disputes (see Arbitration And Conciliation).
- Arrangements for avoiding the delay and expense of litigation, and referring a dispute to friends or neutral persons, are a natural practice, of which traces may be found in any state of society; but it is from Roman Law that we derive arbitration as a system which has found its way into the practice of European nations in general, and has even evaded the dislike of the English common lawyers to the civil law.
The law of England as to arbitration is now practically summed up in the Arbitration Act of 1889.
This statute is an express code as to proceedings in all arbitration,.
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.
A counsel has a general authority to deal with the conduct of an action, which includes authority to refer it to arbitration, but he has no authority to refer an action against the wishes of his client, or on terms different from those which his client has sanctioned; and if he does so, the reference may be set aside, although the limit put by the client on his counsel's authority is not made known to the other side when the reference is agreed upon (Neale v.
The committee of a lunatic, with the sanction of the judge in lunacy, may refer disputes to arbitration.
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.
The Arbitration Act 1889 provides that a submission, unless a contrary intention is expressed in it, is irrevocable except by leave of the court or a judge, and is to have the same effect in all respects as if it had been made an order of court.
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.
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.
At any stage in the reference he may, and shall if he be required by the court, state in the form of a special case for the opinion of the court any question of law arising in the arbitration.
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.
Provisions for the arbitration of special classes of disputes are contained in many acts of parliament, e.g.
The Conciliation Act 1896 provides machinery for the prevention and settlement of trade disputes, and in 1892 a chamber of arbitration for business disputes was established by the joint action of the corporation of the city of London and the London chamber of commerce.
At the time when the London chamber of arbitration was established, there was considerable dissatisfaction among the mercantile community with the delays that occurred in the disposal of commercial cases before the ordinary tribunals.
- The Arbitration (Scotland) Act 1894, unlike the English Arbitration Act 1889, did not codify the previously existing law, and it becomes necessary, therefore, to deal with that law in some detail.
Although (as in England apart from the Arbitration Act 1889) there is nothing to prevent, a verbal reference, submissions are generally not merely written but are effected by deed.
But under the Arbitration (Scotland) Act 1894, s.
And by the Arbitration (Scotland) Act 1894, s.
The court may name a sole arbiter, where provision is made for one only and the parties cannot agree (Arbitration [Scotland] Act 1894, s.
When an action is in court the parties may at any stage withdraw it from judicial determination, and refer it to arbitration.
Irish statute law, like that of England and Scotland, contains numerous provisions for arbitration under special enactments.
- The provisions of the English Arbitration Act 1889 have in substance been adopted by the Indian Legislature (see Act ix.
7 of this last statute excludes from submission to arbitration criminal cases, so far as prosecution and punishment are concerned, and, without the special leave of the court, matters relating to status, matrimonial causes, and matters affecting minors or other perons under legal disability; Trinidad and Tobago, No.
==United States== The common law and statute law of the United States as to arbitration bear a general resemblance to the law of England.
All controversies of a civil nature, and any question of personal injury on which a suit for damages will lie, although it may also he indictable, may be referred to arbitration; but crimes, and perhaps actions on penal statutes by ntary common informers may not.
In addition to voluntary submissions and references by rules of court there are in America, as in the United Kingdom, various statutes which provide for arbitration in particular o cases.
Ample provision is made in America for the arbitration of labour disputes.
- Voluntary arbitration has always been recognized in France.
In cases of mercantile partnerships, arbitration was formerly compulsory; but in 1856 (law of the 17th of July 1856) jurisdiction in disputes between parties was conferred on the Tribunals of Commerce (as to which see Code de Commerce, arts.
615 et seq.), and arbitration at the present time is purely voluntary.
The submission to arbitration (compromis) must, on pain of nullity, be acted upon within three months from its date (art.
Each party to the arbitration is required to produce his evidence at least fifteen days before the expiration of the period fixed by the submission (art.
An appeal against an award lies to the Civil Tribunal of First Instance, or to the court of appeal, according as the subject-matter, in the absence of arbitration, would have been within the jurisdiction of the justice of the peace, or of the Civil Tribunal of First Instance (art.
- The provisions of French law as to arbitration are in force in Belgium (Code de Proc. Civ., arts.
In Luxemburg, compulsory arbitration in matters affecting commercial partnerships was abolished in 1879 (law of the 16th of April 1879).
- Russell, Arbitration (London, 1906); Annual Practice (London, yearly); Redman, Arbitration (London, 1897) Crewe, Arbitration Act of 1889 (London, 1898); Pollock, On Arbitrators (London, 1906).
As to Scots law: Bell, On Arbitration (2nd ed., Edinburgh, 1877); Erskine, Principles (20th ed., Edinburgh, 1903).
As to American law: Morse, Law of Arbitration (Boston, 1872).
International arbitration >>
But Louis always preferred arbitration to war, and the peace congresses of Nagyszombat (1360) and of Pressburg (1360) summoned by him adjusted all the outstanding differences between the central European powers.
After the conclusion of the Civil War in America very large claims were preferred against Great Britain for alleged breaches of her duty as a neutral power; and after long negotiations, England and the United States agreed to arbitration.
To those who, in order to promote the cause of international arbitration, are desirous of acquiring a knowledge of the dangers and difficulties which beset this mode of settling disputes, the account which Palmer has left of his part in this arbitration may be commended.
In the Salle du Conseil d'Etat some curious 15th-century frescoes have lately been discovered, while the old Salle des Festins is now known as the Salle de l'Alabama, in memory of the arbitration tribunal of 1872.
Wages have also been the subject of legislation; special commissions have been empowered to regulate the wages in the so-called " home " industries (sweating), and an arbitration board has been appointed to fix the salaries of clerks in the metal industry, thus minimizing the danger of conflicts in respect of wages having to be settled by means of strikes.
Alexander made no objection provided that the Porte would submit all outstanding claims to arbitration.
The chief of the bureau of labour statistics is directed in case of danger of a strike or lockout to seek to mediate between the parties and if unsuccessful in that, then to endeavour to secure their consent to the formation of a board of arbitration.
The boundary question between Costa Rica and Nicaragua was referred to the arbitration of the president of the United States, who gave his award in 1888, confirming a treaty of 1858; further difficulties arising from the work of demarcation were settled by treaty in 1896.
The boundary between Costa Rica and Panama (then a province of Colombia) was fixed by the arbitration of the French president, who gave his award on the 15th of September 1900.
In the following year the claims of the Boers, the Barolong, and other tribes were submitted to the arbitration of R.
Thereafter, for fourteen years, he devoted himself chiefly to questions of international law and arbitration, but in 1876, upon the advent of the Left to power, became minister of justice in the Depretis cabinet.
The treaty included regulations for the improvement of commerce and navigation in the area affected by the war, and provided for the settlement of subsequent disputes by the arbitration of the United States and Mexico.
The landowner on whom the notice is served may meet it by agreeing to sell, and the terms may then be settled by consent of the parties themselves, or by arbitration, if they decide to have recourse to that mode of adjusting the difficulty.
Compensation, under the Lands Clauses Acts, is assessed in four different modes: - (I) by justices, where the claim does not exceed £50, or a claimant who has no greater interest than that of a tenant for a year, or from year to year, is required to give up possession before the expiration of his tenancy; (2) by arbitration (a) when the claim exceeds £50, and the claimant desires arbitration, and the interest is not a yearly tenancy, (b) when the amount has been ascertained by a surveyor, and the claimant is dissatisfied, (c) when superfluous lands are to be sold, and the parties entitled to pre-emption and the promoters cannot agree as to the price.
BERING SEA ARBITRATION.
The important fishery dispute between Great Britain and the United States, which was closed by this arbitration, arose in the following circumstances.
Thereupon followed a diplomatic controversy, in the course of which the United States developed the contentions which were afterwards laid before the tribunal of arbitration.
In August 1890 Lord Salisbury proposed that the question at issue should be submitted to arbitration.
By the terms of this treaty the " Alabama " claims and the San Juan boundary were referred to arbitration; the free navigation of the St Lawrence was granted to the United States in return for the free use of Lake Michigan and certain Alaskan rivers; and it was settled that a further commission should decide the excess of value of the Canadian fisheries thrown open to the United States over and above the reciprocal concessions made to Canada.
Under the " Alabama " arbitration Great Britain paid to the United States damages to the amount of $15,500,000, while the German Emperor decided the San Juan boundary in favour of the United States.
The dispute was finally referred to a court of arbitration, on which Sir John Thompson, premier of the Dominion, sat as one of the British arbitrators.
Alabama Arbitration >>
The rise of arbitration as a method of settling international difficulties has carried it a step further, and now the Hague Peace Conventions have given pacific methods a standing apart from war, and the preservation of peace has become an object of direct political effort.
In the final act, the conference went farther in agreeing to the " principle of compulsory arbitration," declaring that " certain disputes, in particular those relating to the interpretation and application of the provisions of international agreements, are suitable (susceptible) to be submitted to compulsory arbitration without any restriction."
At the conference of 1899, moreover, a court of arbitration was instituted for the purpose of dealing judicially with such matters in dispute as the powers agreed to submit to it.
This treaty made arbitration applicable to all matters not affecting " national honour or vital interests."
Since then a network of similar treaties, adopted by different nations with each other and based on the AngloFrench model, has made reference to the Hague Court of Arbitration practically compulsory for all matters which can be settled by an award of damages or do not affect any vital national interest.
At this conference a plan of arbitration was drawn up, under which arbitration was made obligatory in all controversies whatever their origin, with the single exception that it should not apply where, in the judgment of any one of the nations involved in the controversy, its national.
independence was imperilled, and even in this case arbitration, though optional for the nation so judging, was to be obligatory for the adversary power.
represented in the conference, regarding the most advanced form in which a general arbitration convention could be drawn up that would meet with the approval and secure ratification by all the countries represented, and afterwards to prepare a plan for such a general treaty.
The conference, being held only a year before the time fixed for the second Hague Conference, applied itself mainly to the question of the extent to which force might be used for the collection of pecuniary claims against defaulting governments, and the forwarding of the principle of arbitration under the Hague Conventions.
Among the Southern Republics Argentina and Chile concluded in 1902 a treaty of arbitration, for the settlement of all difficulties without distinction, combined with a disarmament agreement of the same date, to which more ample reference will be made hereafter.
Down to 1910 no suggestion of mediation had actually been carried out, but a number of cases of arbitration had been tried by the Hague Court, created by the Hague Peace Convention (see [[International arbitration), and one case, viz.
Within these 30 kilometres all existing fortresses are dismantled, 3 no new ones are to be erected, and no armed troops to be maintained; any question between the two states relative to the provisions respecting the " buffer " zone to be decided by arbitration.
Alongside the Hague Peace Conventions and more or less connected with them are standing treaties of arbitration which have been entered into by different nations for terms of years separately.
1 The following list of standing arbitration treaties concluded after the signing of the Anglo-French treaty of October 14th 1903 is as complete as possible down to June 1910: Argentina - Brazil, September 7, 1905.
After the conclusion of the Anglo-French standing treaty of arbitration (Oct.
It is composed of groups of the different parliaments of the world, who meet periodically to " bring about the acceptance in their respective countries, by votes in parliament and by means of arbitration treaties, of the principle that differences between nations should be submitted to arbitration and to consider other questions of international importance."
His statements every two years on the progress of arbitration at the International Law Association meetings also form an excellent source of materials for reference.
A difficulty with Venezuela, resulting in British and German co-operation to coerce that refractory republic, caused an explosion of antiGerman feeling in England and some restlessness in the United States, but the government brought the crisis to an end by tactful handling and by an ultimate recourse to arbitration.
Not only did the monks continue to seek from the papacy the confirmation of their privileges and property, but they also referred almost all their disputes to the arbitration of the pope.
A territorial dispute with Connecticut over the Wyoming Valley was settled in favour of Pennsylvania in 1782 by a court of arbitration appointed by the Continental Congress.
He obtained a papal absolution from his promises; and he tricked the opposition into accepting the arbitration of the French king, Louis IX., whose verdict was a foregone conclusion.
In 1899 he was counsel for Venezuela before the Anglo-Venezuelan boundary arbitration commission in Paris.
The new treaty, moreover, stipulates that all future disputes shall be referred to arbitration.
The Buenos Aires treaty of the 3rd of February 1876 fixed the frontier between Argentina and Paraguay, and assigned to Paraguay the portion of the Gran Chaco between Rio Verde and Bahia Negra; the appropriation of the portion between Rio Verde and the Pilcomayo was submitted to the arbitration of the president of the United States, who in 1878 assigned it to Paraguay.
In the San Juan arbitration he displayed great versatility and skill, winning his case before the emperor with brilliant ease.
Its chief buildings are the citadel and many mosques, one of which is an ancient Byzantine basilica, originally a 1 Prince von Billow was credited with suggesting in his correspondence on the question of the Bundesrath that a tribunal of arbitration should be instituted to deal with all questions of capture.
At any rate, on the 19th of January 1900 he wrote that the German government had proposed that all the points then in dispute should be submitted to arbitration.
There are, further, Verwaltungsgerichte (administrative courts) for the adjustment of disputes between the various organs of local government, and other special courts, such as military, consular and arbitration courts (Schiedsgericht).
The law of 1881, while it left membership voluntary, gave to them many duties of a semi-public nature, especially that of arbitration between masters and men.
to Kid was reciprocated by that of the German squadron to Plymouth; in July a treaty of arbitration was signed between the two countries, while in the Reichstag the chancellor declared that, Germanys interests in Morocco being purely commercial, the understanding between France and England as to that country, embodied in the convention of the 8th of April 1904, did not immediately concern her.
Ragusan policy was usually peaceful, and disputes with other nations were frequently arranged by a system of arbitration called stanicum.
The commercial and naval successes of the Genoese during the middle ages were the more remarkable because, unlike their rivals, the Venetians, they were the unceasing prey to intestine discord - the Genoese commons and nobles fighting against each other, rival factions amongst the nobles themselves striving to grasp the supreme power in the state, nobles and commons alike invoking the arbitration and rule of some foreign captain as the sole means of obtaining a temporary truce.
For his services there, and at the subsequent arbitration in Paris, he was made a C.M.G.
(5) A court of arbitration to be established for the settlement of differences between the two states, Hungary selecting four Austrian and Austria four Hungarian judges, the presidency of the court being decided by lot, and each government being represented before the court by its own delegates.
Under the guidance of Pericles Athens replied that she would do nothing on compulsion, but was prepared to submit difficulties to amicable arbitration on the basis of mutual concessions.
This Agreement contains an Arbitration Clause.
Arbitration in California.
Any dispute or claim arising or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively (except as provided below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules.
The arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible.
The arbitration shall be held in San Francisco, CA; both parties hereby give their irrevocable consent to jurisdiction of courts of or in the State of California, as well as processes of the AAA in California.
Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law).
He was sheriff of Nottingham in 1853, and in 1859 organized the first courts of arbitration for the settlement of disputes between masters and men.
A Board of Arbitration (1895) has authority to make and publish investigations of all facts relating to strikes and lock-outs, to issue subpoenas for the attendance and testifying of witnesses, and "to adjust strikes or lock-outs by mediation or conciliation, without a formal submission to arbitration."
His pamphlet, War and Peace: the Evils of the First with a Plan for Securing the Last, advocating international arbitration, was published by the English Peace Society in 1842, and is said to have contributed to the promulgation, by the powers signing the Treaty of Paris in 1856, of a protocol expressing the wish that nations, before resorting to arms, should have recourse to the good offices of a friendly power.
Apart from politics he took a deep and active interest in the problems of capital and labour, was one of the organizers (1901) and the first president of the National Civic Federation, whose purpose was to solve social and industrial problems, and in December 1901 became chairman of a permanent board of conciliation and arbitration established by the Federation.
Chile refused to submit the dispute to arbitration, and it remained unsettled.
With reference to their objects, treaties may perhaps be conveniently classified as (r) political, including treaties of peace, of alliance, of cession, of boundary, for creation of international servitudes, of neutralization, of guarantee, for the submission of a controversy to arbitration; (2) commercial, including consular and fishery conventions, and slave trade and navigation treaties; (3) confederations for special social objects, such as the Zollverein, the Latin monetary union, and the still wider unions with reference to posts, telegraphs, submarine cables and weights and measures; (4) relating to criminal justice, e.g.
An important achievement of this convention was the establishment at the Hague of an international tribunal, always ready to arbitrate upon cases submitted to it; and the convention recommended recourse not only to arbitration, but also to good offices and mediation, and to international commissions of inquiry.
Great efforts were made, especially in 1907, but without success, to drafc a generally acceptable convention, making resort to arbitration compulsory, at any rate with reference to certain classes of questions.
In the meantime, however, agreements of this nature between one power and another have multiplied rapidly within the last few years (see Arbitration).
Under Carazo i s administration the boundary question between Nicaragua and Costa Rica had been settled by arbitration, the president of the United States acting as arbitrator.
The possession of the vast estates left by Matilda, marchioness of Tuscany, and claimed by both pope and emperor, was to be decided by arbitration, and in October 1178 the emperor was again in Germany.
A state board of arbitration was created in 1896, but its usefulness was impaired by an opinion of the state attorneygeneral (in 1901) that it could not enforce subpoenas, compel testimony or enforce decisions.
Nevada, Colorado and Wyoming, 1540-1888 (San Francisco, 1890); on labour conditions and troubles consult: Reports of the State Bureau of Labour Statistics (since 1892); Annual Reports of the State Board of Arbitration (since 1898); publications of United States Bureau of Labour (bibliographies); also especially Senate Document 122, 58th Congress, 3rd Session, covering the years 1880-1904.
The superstitious soldiers of Ali refused to fight any longer, and demanded that the issue be referred to arbitration (see further Caliphate, section B.
It has a tribunal of first instance, a tribunal of commerce, a board of trade arbitration, a branch of the Bank of France, a communal college and training-colleges.
Stead in 1885, as he had earlier supported Mrs Josephine Butler in a similar cause; he attacked the trade in alcohol; was an anti-vivisectionist; he advocated arbitration; and his vehement attacks on Sir Charles Dilke and Charles Stewart Parnell originated the phrase the "Nonconformist conscience."
Its most important conclusions were for reciprocity in trade, a continental railway and compulsory arbitration in international complications.
He upheld American rights in Samoa, pursued a vigorous diplomacy with Italy over the lynching of eleven Italians, all except three of them American naturalized citizens, in New Orleans on the 14th of May 1891, held a firm attitude during the strained relations between the United States and Chile (growing largely out of the killing and wounding of American sailors of the U.S. ship "Baltimore" by Chileans in Valparaiso on the 16th of October 1891), and carried on with Great Britain a resolute controversy over the seal fisheries of Bering Sea, - a difference afterwards settled by arbitration.
of September the delegates came to an agreement, the principal points of which were: that such disputes between the two countries which could not be settled by direct diplomatic negotiations, and which did not affect the vital interests of either country, should be referred to the permanent court of arbitration at the Hague, that on either side of the southern frontier a neutral zone of about fifteen kilometres width should be established, and that within eight months the fortifications within the Norwegian part of the zone should be destroyed.
On the 17th of April 1896 another protocol was drawn up, by which the contending parties agreed to submit any differences to the arbitration of Great Britain, at the instance of one or both governments.
The treaty made in 1896 with the Argentine government, referring to the arbitration of disputed points concerning the boundary, became practically for the moment a dead letter, and both Argentines and Chileans began to talk openly of an appeal to arms to settle the matter once for all.
Neither side would give way, nor was any disposition exhibited to refer the matter to arbitration under the protocol of 1896.
The dispute regarding the Patagonian territory was submitted to the arbitration of Great Britain, and a commission - consisting of Lord Macnaghten, Sir John Ardagh and Sir T.
In August of 1898 the Chilean government determined to insist upon the terms of the protocol of 1896 being acted upon, and intimated to Argentina that they demanded the fulfilment of the clause relating to arbitration on disputed points.
For a few days the issue hung in the balance, and then the Argentine government accepted the provisions made in 1896 for arbitration.
The dispute concerning the Atacama district was submitted to an arbitration tribunal, consisting of the representative of the United States in Argentina, assisted by one Argentine and one Chilean commissioner.
The father y' Y towards the Pan-American Congress at Mexico became a matter of interest in the autumn, particularly in connexion with the proposal for compulsory arbitration between all American governments.
In October the Chilean government announced that the contemplated conversion scheme, for which gold had been accumulated, would be postponed for two years (till October 1903), the gold being held as a reserve fund pending the result of the arbitration over the Argentine frontier.
In order that future disputes might be amicably settled, a treaty was signed by which it was agreed that any question that might arise should be submitted to the arbitration of Great Britain or in default of that power to the Swiss Confederation.
a description of Chile at the time; Statement on Behalf of Chile (in the Chilean-Argentine Boundary Arbitration) (6 vols., London, 1901-1902); Sir Thomas Holdich, Countries of the King's Award (1904); Beltran y Rospido, Los Pueblos hispano-americanos en el siglo XX.
Conway, Aconcagua and Tierra del Fuego (London, 1902); " ChileArgentine Arbitration " in the Geog.
Difficulties had arisen both in arranging the preliminaries to arbitration and owing to the disordered state of Afghanistan, and it was therefore deemed advisable to commence operations by settling a frontier dispute between Persia and the Kalat state.
This brought the dispute between Great Britain and Portugal to a head, the matter being referred in 1872 to the president of the French republic for arbitration.
The claim was submitted to the arbitration of M.
It was no doubt as a protection against such dangers that the earliest league of twelve Achaean cities arose, though we are nowhere explicitly informed of its functions other than the common worship of Zeus Amarius at Aegium and an occasional arbitration between Greek belligerents.
- This is one of those arbitrations on pecuniary claims, made by one state, on behalf of its subjects, against another state, which are referred to in the article [[International arbitration.
The case is important, both from a historical and a juridical point of view, and affords a conspicuous example of the value of arbitration as a means of averting war.
With respect to the "Alabama" claims the British commissioners suggested that they should be submitted to arbitration.
There followed immediately a controversy which threatened the collapse of the arbitration.
In consequence of this intimation Mr Bancroft Davis informed the tribunal on the 25th of June that he was instructed not to press those claims; and accordingly on the 27th of June Lord Tenterden withdrew his application for an adjournment, and the arbitration was allowed to proceed.
A state court of mediation and arbitration, consisting of three members appointed by the governor with the consent of the senate, was created in 1889 to inquire into the cause of grievances threatening or resulting in any strike or lock-out and to endeavour to effect a settlement.
There the dispute was finally submitted for arbitration to George Fox and other Quakers, and they decided that, as the government of the province was legally vested in Byllynge by the duke's conveyance to him, he had the right to name the deputy governor.
A board of arbitration and conciliation to hear and determine labour questions and disputes was formed, and by later legislation its powers have been strengthened.
Moreover, the owner or occupier of premises without the district has the same right, subject only to such terms and conditions as may be agreed or, in case of dispute, settled by justices or by arbitration.
Any dispute as to whether the company are able and willing has to be settled by arbitration.
The power of the district council to supply water is strictly limited to their own district, but they may, with the sanction of the Local Government Board, supply water to the council of an adjoining district on such terms as may be agreed upon, or as, in case of dispute, may be settled by arbitration.
(See Seal Fisheries and Bering Sea Arbitration.) The value of the fur seals taken from 1868 to 1902 was estimated at $35,000,000 and that of other furs at $17,000,000.
The tribunal was an adjudication board and not an actual court of arbitration, since its function was not to decide the boundary but to settle the meaning of the Anglo-Russian treaty, which provided for an ideal (and not a physical) boundary.
Dall, " Alaska as it was and is, 1865-1895," in Bulletin of the Philadelphia Society of Washington, xiii.; Governor of Alaska, Annual Report to the Secretary of the Interior; Fur Seal Arbitration, Proceedings (Washington, 1895, 16 vols.); also Great Britain, Foreign Office Correspondence, United States, Nos.
In 1892 he was appointed associate counsel for the United States on the Bering Sea Commission, and later was American counsel or agent before several important arbitral tribunals or mixed commissions, including the Alaskan Boundary Tribunal (1903), the Hague Tribunal for Arbitration of the North Atlantic Fisheries (1910), and the Anglo-American Commission (1911) for settling outstanding claims between Great Britain and the United States.
There is also a State Board of Mediation and Arbitration to settle labour disputes.
In 1883 the dispute in connexion with the boundary between Colombia and Venezuela was submitted by the two governments to the arbitration of Alphonso XII., king of Spain, and a commission of five members was appointed to investigate the merits of the respective claims. The decision in this dispute was finally given by the queen regent of Spain on the 16th of March 1891.
Chapelain's Sentiments de l'Acaddmie francaise sur la tragi-comddie du Cid (1638), when its arbitration was demanded by Richelieu, and not openly repudiated by Corneille, was virtually unimportant; but it is worth remembering that no less a writer than Georges de Scudery, in his Observations sur le Cid (1637), gravely and apparently sincerely asserted and maintained of this great play that the subject was utterly bad, that all the rules of dramatic composition were violated, that the action was badly conducted, the versification constantly faulty, and the beauties as a rule stolen!
(At the Geneva arbitration conference these " national claims " were abandoned.) Under pressure from the president, on the ground that Sumner was no longer on speaking terms with the secretary of state, he was deposed on the 10th of March 1871 from the chairmanship of the committee on foreign relations, in which he had served with great distinction and effectiveness throughout the critical years since 1861.
In 163 the Cyrenaica was assigned under Roman arbitration to Euergetes as a separate kingdom.
The international court of arbitration or Hague Tribunal was established in 1899 (see Europe: History; [[International arbitration).
The king, who had tried to turn them back by taking the cross and declaring himself a crusader, and by making loud appeals for the arbitration of the pope, was forced to retire to Windsor.
Henry thereupon, finding his forces too weak to face the earl, took refuge in the Tower of London and proposed an arbitration.
But many of the barons stood neutral, not seeing how they could refuse to accept the arbitration they had courted, while a number not inconsiderable joined the king, deciding that Leicester had passed the limits of reasonable loyalty, and that their first duty was to the crown.
Edward at once gave him seizin of Scotland, and handed over tohim the royal castles, which had been placed in his hands as a pledge during the arbitration.
They decided alsO that the claims which had arisen out of the depredations of the ~ Aluibama should be referred to arbitration.
In 1872 he was counsel for the United States in the "Alabama" arbitration.
These islands were for many years the subject of dispute between the British and the United States governments, and were finally assigned to the latter country by the arbitration of the emperor of Germany (on the 21st of October 1872).
He conducted the negotiations with Great Britain which resulted in the treaty of the 8th of May 1871, under which (Article 1) the "Alabama claims" were referred to arbitration, and the same disposition (Article 34) was made of the "San Juan Boundary Dispute," concerning the Oregon boundary line.
A state board of arbitration, composed of two farmers, two employers and two employes is authorized to investigate the causes of any strike affecting the public interests, and publish what it finds to be the facts in the case, together with recommendations for settlement.
She founded the Charity Organization Society of New York City in 1882, and wrote Public Relief and Private Charity (1884) and Industrial Arbitration and Conciliation (1893).
135), no provision was made to compel arbitration.
Arbitration councils are available everywhere for the settlement of disputes between native workmen and their employers.
Thus the blood-stained 16th century closed with a promise of religious toleration and a dream of international arbitration.
Thus from this long duel between the two countries Spain issued much enfeebled, while France obtained the preponderance in Italy, Germany, and throughout northern Europe, as is proved by Mazarins successful arbitration at Copenhagen and at Oliva (May-June I66o).
When British arbitration was brought to bear upon the disputed claims of Persia over this country in 1872, it was found necessary to suppose two territories - one compact and concentrated, which was called " Seistan Proper," the other detached and irregular, called " Outer Seistan."
He elected to trust to diplomacy; and Spain made out such a good case for arbitration, on the ground of her ancient rights of discovery and early colonization, that the German emperor, who had no desire to imperil the dynasty and monarchy in Spain, agreed to submit the whole affair to the pope, who gave judgment in favor of Spain.
Among the numerous orders he received we may mention that he was the first Protestant on whom the pope bestowed the order of Christ; this was done after the cessation of the Kulturkampf and the reference of the dispute with Spain concerning the Caroline Islands to the arbitration of the pope.
A deed of arbitration in his hand, dated 1612, relating to the settlement of a dispute between the sons of a land-owner named Todar, who possessed some villages adjacent to Benares, has been preserved, and is reproduced in facsimile in Dr Grierson's Modern Vernacular Literature of Hindustan, p. 51.
Among these are a board of pardons, a state library committee, a board of mediation and arbitration for adjustment of labour disputes, a board of education and a railway commission.
advisory Conciliation and arbitration Service www.acas.org.uk Useful information about the role of ACAS and the law.
Although this case concerned arbitration it should be applied by analogy to adjudication.
Arbitration: agreement to refer future disputes to an independent arbiter, mutually agreed at the outset.
AHA then brought a new petition in New York seeking to compel arbitration and restrain the English proceedings.
The parties are told that if conciliation fails they must be prepared to commence arbitration immediately.
However, Owners were able to stay that action, pending arbitration in London.
Any disputes arising from this Agreement or its enforceability shall be settled by binding arbitration.
Most standard form contracts provide for disputes to be resolved by arbitration.
The decision of the adjudicator shall be binding on both parties until the dispute is finally determined by arbitration pursuant to clause 9.5 hereof.
Today the members decided to invite management to binding arbitration in a final attempt to resolve the dispute.
The conferences had a limited success, despite their failure to persuade nations to adopt compulsory arbitration in international disputes.
We have extensive experience of dispute resolution through international arbitration.
Surely the workers would be allowed an independent arbitration, or a pendulum system like they do in Japan.
International commercial arbitration is one of the most active parts of the Firm embracing several experts in the field.
The dispute was referred to arbitration under the arbitration clause in the TSA.
arbitration proceedings: advising clients in relation to proceedings at the ICC arising out of carbon credits.
arbitration tribunal 's decision will be made in 2007 at the earliest.
arbitration agreement will remain binding even where the parties do not complete the underlying contract.
arbitration award gave rise to a similar result.
arbitration in accordance with the provisions of Condition 16.
arbitration of disputes between capital and labor shall be prescribed by law.
The dispute was referred to arbitration under the arbitration under the arbitration clause in the TSA.
Contracts often include arbitration clauses nominating an arbitrator in advance.
arbitrators designated by the parties in an arbitration.
In the absence of agreement, the 1996 Act provides that the arbitration will take place before a single arbitrator.
arbitrator in accordance with the Arbitration Acts.
binding arbitration in a final attempt to resolve the dispute.
The contract itself can be " not in writing " but the arbitration clause has to be " in writing " .
That is, recipients should propose programs, with third-party arbitration where there are irreconcilable donor-recipient disagreements.
disrepair arbitration scheme.
The risk factors appear to be hyped, with bold transfer deal dun, arbitration and the Alive & Kicking appeal always ongoing.
Instead, government legal disputes will be settled by mediation or arbitration whenever possible.
They don't want to spend megabucks in litigation or arbitration.
They also seek a stay pursuant to section 9 of the Arbitration Act.
The employers subsequently agreed to arbitration but then repudiated the agreement reached at ACAS and insisted on continuing the disciplinary action.
The arbitration tribunal deals with more than 600 cases each year, most involving complaints by tenants about disrepair.
advising underwriters in respect of non-disclosure defense in South American arbitration proceedings.
Little Jean was probably too youthful yet to take part in that literary arbitration.
In resolutions 44 to 53 the conference deals with the duty of the Church towards modern democratic ideals and social problems; affirms the responsibility of investors for the character and conditions of the concerns in which their money is placed (49); "while frankly acknowledging the moral gains sometimes won by war" strongly supports the extension of international arbitration (52); and emphasizes the duty of a stricter observance of Sunday (53).
After disputes with Brazil, extending over fifteen years, about the territory of " Misiones," the matter had been submitted to the arbitration of the president of the United States.
(See also the articles Arbitration And Conciliation; Trade Unions; Labour Legislation.) Victoria was the pioneer in factory legislation, the first Victorian act of that character dating from 1873.
By it an arbitration court was instituted, consisting of a president and assessors representing the employers' unions and the workers' unions respectively; in any trade in which a dispute occurs, any union of workmen or employers registered under the act was given the right to bring the matter before the arbitration court, and if the court makes an award, an application may be made to it to make the award a " common rule," which thereupon becomes binding over the trade affected, wherever the act applies.
An additional duty was thrown on the Federal arbitration court by the Customs and Excise Tariff Acts of 1906, in which were embodied the principles known as the " New Protection."
Side by side with this which we may call criminal jurisdiction - none the less real or coercive because its sanctions were purely spiritual - there grew up a quasi-jurisdiction in causes jurisdic= entirely temporal, based upon the free consent of the parties to accept the arbitration of the bishop. This system had also its roots in the New Testament (see Matt.
Churchill's tenure of the presidency of the Board of Trade, from April 1908, was marked by the production of a scheme in the autumn of that year for the setting up of a court of arbitration in labour disputes, consisting of three persons nominated by the Board, respectively from panels of employers, workmen and " persons of eminence and impartiality."
Its objects embrace (a) admonition to those who fail in the payment of their just debts, or otherwise walk contrary to the standard of Quaker ethics, and the exclusion of obstinate or gross offenders from the body, and, as incident to this, the hearing of appeals from individuals or meetings considering themselves aggrieved; (b) the care and maintenance of the poor and provision for the Christian education of their children, for which purpose the Society has established boarding schools in different parts of the country; (c) the amicable settlement of " all differences about outward things," either by the parties in controversy or by the submission of the dispute to arbitration, and the restraint of all proceedings at law between members except by leave; (d) the " recording " of ministers (see above); (e) the cognizance of all steps preceding marriage according to Quaker forms; (f) the registration of births, deaths and marriages and the admission of members; (g) the issuing of certificates or letters of approval granted to ministers travelling away from their homes, or to members removing from one meeting to another; and (h) the management of the property belonging to the Society.
(See separate articles On Bering Sea Arbitration and "
On the other hand, if the exception be taken to exclude all questions which, when decided adversely to a state, impose a restraint on its freedom of action, then the exception would seem to exclude such a question as the true interpretation of an ambiguous treaty, a subject with which experience shows international arbitration is well fitted to deal.
Meanwhile it is legitimate to share the hope expressed by President Roosevelt in his message to Congress of December 1905 that some future Hague conference may succeed in making arbitration the customary method of settling international disputes in all save the few classes of cases indicated above, and that - to quote Mr Roosevelt's words - " these classes may themselves be as sharply defined and rigidly limited as the governmental and social development of the world will for the time being permit."/n==Authorities== - Among special treatises are: Kamarowsky, Le Tribunal international (traduit par Serge de Westman) (Paris, 1887); Rouard de Card, Les Destinees de l'arbitrage international, depuis la sentence rendue par le tribunal de Geneve (Paris, 1892); Michel Revon, L' Arbitrage international (Paris, 1892); Ferdinand Dreyfus, L'Arbitrage international (Paris, 1894) (where the earlier authorities are collected); A.
m., was settled by arbitration in 1904 with the king of Italy as arbitrator, the award being a compromise division by which Great Britain received about 7336 sq.
The boundary with French Guiana '(see' Guiana), which had long been a subject of dispute, was settled by arbitration in 1900, the award being rendered by the government of Switzerland.
The old ambiguity attaching to the interpretation of earlier treaties, however, remained, and in April 1899 the question by an agreement between the two states was referred to the arbitration of the president of the Swiss confederation..
It was on these grounds that the Yugosla y s, from whom the treaty had always been carefully concealed and who had of course never recognized its validity, offered to submit the whole dispute to the arbitration of President Wilson (Feb.
In the north and east it has numerous islands (St Lawrence, St Matthew, Nunivak and the Pribiloff group) and is shallow; in the south-west it reaches depths over 2000 fathoms. The seal-fisheries are important (see Bering Sea Arbitration).
It also gets over the difficulty, often met with in arbitration, of choosing a referee satisfactory to both parties.
Where the agreement to refer stipulates that the submission of a dispute to arbitration shall be a condition precedent to the right to bring an action in regard to it, an action does not lie until the arbitration has been held and an award made, and it is usual in such cases not to apply for a stay of proceedings, but to plead the agreement as a bar to the action (Viney v.
But the special provision made by the judges in 1895 for the prompt trial of commercial causes to a large extent destroyed the raison d'ctre of the chamber of arbitration, and it did not attain any great measure of success.
1, an agreement to refer to arbitration is not invalid by reason of the reference being to a person not named, or to be named by another, or to a person merely described as the holder for the time being of any office or appointment.
Provision has been made in Pennsylvania for compulsory arbitration by an act of the 16th of June 1836 (see Pepper and Lewis, Pennsylvania Digest, tit.
(Lands become " superfluous " if taken compulsorily on an erroneous estimate of the area needed, or if part only was needed and the owner compelled the promoters under the power above mentioned to take the whole, or in cases of abandonment); (3) by a jury, when the claim exceeds £50, and (a) the claimant does not signify his desire for arbitration, or no award has been made within the prescribed time, or (b) the claimant applies in writing for trial by jury; (4) by surveyors, nominated by justices, where the owner is under disability, or does not appear at the appointed time, or the claim is in respect of commonable rights, and a committee has not been appointed to treat with the promoters.
3), and it is specifically agreed that in matters of a " legal character " such as " questions of interpretation and application " of international conventions, arbitration is the " most efficacious and at the same time most equitable method " of settling differences which have not been solved by diplomacy (Peace Convention: art.
Lastly, the high contracting parties have agreed that in questions of a legal nature, and especially in interpretation or application of international conventions, arbitration is recognized as the most effective, and at the same time the most equitable, means of settling disputes which diplomacy has failed to adjust.
that of the Dogger Bank incident, was submitted to a commission of inquiry, which sat in January 1905.1 If Secretary Knox's proposal (see supra) to convert the International Prize Court into a permanently sitting court of arbitration is adopted, a detailed procedure and jurisprudence will no doubt grow out of a continuity which is lacking in the present system, under which the court is recruited from a large panel for each special case.
The only qualification admitted under the new convention is that it shall not apply when the debtor-state refuses or leaves unanswered an offer of arbitration, or in case of acceptance renders the settlement of the terms of arbitration impossible, or, after arbitration, fails to comply with the award.
Such congresses are doing admirable work in the popularizing of thought upon the numerous questions which are discussed at the meetings, such as compulsory arbitration, the restriction of armaments, private property at sea in time of war, the position of subject races, airships in war, &c.2 4.
Either party may seek judicial relief to compel the other party to comply with the provisions of this Section, or injunctive or other equitable relief to protect its intellectual property rights, provided (unless prohibited by applicable law) that the remainder of the dispute or claim is submitted to arbitration.
Rhodesia) and Angola was determined by an Anglo-Portuguese agreement of 1891 and the arbitration award of the king of Italy in 1905 (see Africa: History).
Ali, however, had first to deal with the insurrection of the Kharijites, who condemned the arbitration which followed the battle of Siffin as a deed of infidelity, and demanded that Ali should break the compact (see above, A.4).
(See [[International arbitration, Hague cases section.) In 1906-1907 there was throughout the state a remarkable anti-Japanese agitation, centring in San Francisco (q.v.) and affecting international relations and national politics.
Thus by the treaty with Antiochus (188 B.C.) it was provided that the Greek communities of Asia Minor "shall settle their mutual differences by arbitration," and so far Livy correctly transcribes Polybius, but he adds with a rhetorical flourish, "or, if both parties prefer it, by war" (xxxviii.
But the difficulty with the American government over the " Alabama " and other vessels, fitted out in British ports to help the Southern cause, was only settled at last (see Alabama Arbitration) by an award extremely onerous to England.
The two events of greatest general interest have been the Fur Seal Arbitration of 1893 (see Bering Sea Arbitration), and the Alaska-Canadian boundary dispute, settled by an international tribunal of British and American jurists in London in 1903.
Advising Underwriters in respect of non-disclosure defense in South American arbitration proceedings.
Write to the collection agency and tell them that you "elect arbitration" as a means of resolution.
A few creditors such as Capital One, CitiBank and Bank of America have either removed the arbitration clause or changed it, so it no longer benefits the consumer.
If your account defaulted after January 2010, then read the arbitration clause carefully before electing it.
Many people sometimes confuse mediation with arbitration.
In arbitration, the third party listens to both sides of the issue and makes a decision.
Mediation sessions can take place in an office setting or by telephone, if desired.The process of arbitration is a bit different.
At the end of the proceedings, the arbitrator will prepare and file an arbitration judgment.
Arbitration is both less expensive and quicker than holding a trial.
What this means is that the company guarantees fair wages for their workers through oversight and arbitration.
Many anticipated that the arbitration over the muti-million dollar Gosselin divorce was to last days, not the hours that it did.
Because litigation can affect franchise brand identity, most franchise agreements include binding arbitration clauses.
Arbitration or mediation is also offered to settle disputes between members, and sanctions rendered against members who violate the rules.
Auction sellers like eBay and Yahoo do have arbitration available to both buyers and sellers, so keep that in mind.
Auction sellers like eBay do have arbitration available to both buyers and sellers, so keep that in mind if things go wrong.
This case was dismissed and sent to arbitration.
He named Professor Lammasch, who, as we have seen, had acted in the arbitration with Venezuela in 1903.
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.
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.
The word usage examples above have been gathered from various sources to reflect current and historial usage. They do not represent the opinions of YourDictionary.com.