Arbitrator Sentence Examples
One arbitrator shall be selected using AAA procedures.
The time may, however, be extended by the arbitrator or by the court.
The delimitation of the southern frontier was in 1909 referred to the king of Spain as arbitrator between Great Britain and Germany.
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.Advertisement
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.
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.Advertisement
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.
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.
Nevertheless his reputation was so great that he was accepted as an arbitrator in doctrinal disputes amongst the reformers.Advertisement
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.
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.
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.Advertisement
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.
An international arbitrator may be the chief of a friendly power, or he may be a private individual.
Matters were brought to a crisis towards the close of 1885, when the Burmese government imposed a fine of £230,000 on the BombayBurma Trading Corporation, and refused to comply with a suggestion of the Indian government that the cause of complaint should be investigated by an impartial arbitrator.
A new war between Great Britain and Holland broke out in 1672 and was terminated by the Treaty of Westminster (February 17, 1674), by which the points at issue between the two companies were referred first to commissioners and finally to an arbitrator.
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.Advertisement
The general commissioners met at St Andrews, N.B., in 1816, and in New York City in 1822, only to disagree; and when the king of the Netherlands, chosen as arbitrator in 1829 (under the Convention of 1827) rendered in 1831 a decision against which the state of Maine protested, the Federal Senate withheld its assent to his decision.
The Brehon was an arbitrator, umpire, and expounder of the law, rather than a judge in the modern acceptation.
The history of the next twenty years turned on the legal point whether the arbitrator actedas he himself contendedin the capacity of suzerain, oras.
But now,, when Edward met the Scottish magnates, who had asked for his services as arbitrator, he demanded that they should acknowledge that he was acting as suzerain and overlord Of the whole kingdom of Scotland.
When the British arbitrator appeared on the scene in the beginning of 1872, though compelled to admit the shah's possession of what has been called " Seistan Proper," he could in fairness insist on the evacuation of Nad Ali, Kala Fath, and all places occupied on the right bank by Persian troops; and furthermore he left to the Afghans both sides of the river Helmund from the dam of Kuhak to its elbow west of Rudbar.
Contracts often include arbitration clauses nominating an arbitrator in advance.
For example, you may be trying to find a practicing arbitrator suitable for deciding a particular dispute.
Will the parties be allowed to choose the arbitrator appointed to hear the case?
I am a registered Adjudicator and is also training to become a Chartered arbitrator.
The Referee is the sole arbitrator in all aspects concerning time during a match.
In these cases we may offer or be asked to appoint an independent expert arbitrator or mediator.
In the absence of agreement, the 1996 Act provides that the arbitration will take place before a single arbitrator.
Each party shall have one veto over the choice of the third arbitrator.
The CIMAR is leading the less experienced arbitrator back to something called Statements of Case.
It is no good waving an arbitrator's award in the air in victory.
By three several protocols signed in May 1903 this question was agreed to be submitted to the Hague court, three members of which were to be named as arbitrators by the tsar of Russia, but no arbitrator was to be a subject or citizen of any of the signatory or creditor powers.
Questions were also raised as to the validity of the documents signed by the Zulu concerning the Utrecht strip; in 1869 the services of the lieut.-governor of Natal were accepted by both parties is arbitrator, but the attempt then made to settle the difficulty proved unsuccessful.
The arbitrator ex compromisso sumptus, like the judicial arbiter, was expected to take account of equitable considerations in coming to a decision.
The arbitrator will not award attorneyÃ¢â‚¬â„¢s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages.
This option also takes place outside of the courts, but the arbitrator has the power to impose a settlement on the parties.
Each person has the opportunity to present evidence to the arbitrator.
At the end of the proceedings, the arbitrator will prepare and file an arbitration judgment.
The arbitrator will not award attorney's fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages.
The roses Jon brought to the arbitrator meeting didn't make her fall madly in love with him again?
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.
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.
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.
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.
Its boundary with Colombia is unfixed, a decision by the king of Spain, as arbitrator, in March 1891, having been rejected by Venezuela.
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.
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.
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.
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.
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.
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.
The British government appointed Sir Alexander Cockburn as arbitrator and Lord Tenterden as agent.
He works as an expert determiner, mediator and arbitrator and as a lecturer and trainer.