The price is to be fixed by the Railway and Canal Commissioners as arbitrators on the basis of the " then value," exclusive of any allowance for past or future profits or any compensation for compulsory sale or other consideration.
For minor civil cases involving sums up to 100 lire (~4), giudici conciliator-i have also jurisdiction, while they may act as arbitrators up to any amount by request.
They marched towards London, while John made another attempt to delay the crisis, or to divide his foes, by granting a charter to the citizens of London (May 9, 1215), and then by offering to submit the quarrel to a court of arbitrators under the presidency of the pope.
Honorius, in the West, at the end of the 4th century, made a constitution providing that if any desired to litigate before the bishops they should not be forbidden, but that in civil matters the prelates should render judgment in the manner of arbitrators by consent (Cod.
The canon provides that any clerk having a complaint against another clerk must not pass by his own bishop and turn to secular tribunals, but first lay b a re his cause before him, so that by the sentence of the bishop himself the dispute may be settled by arbitrators acceptable to both parties.
Arbitrators report on deliveries and award allowances on those of grades above " middling " and deductions of price from those below.
was, therefore, naturally selected as one of the twelve arbitrators to draw up the ban of Kenilworth (1266), by which the disinherited rebels were allowed to make their peace.
Where there are two or any other even number of arbitrators, provision is usually made for an umpire (French sur-arbitre).
The umpire may be chosen by the arbitrators themselves or nominated by a neutral power.
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.
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.
Arbitrators strictly so called may (as in the " Alabama " case) proceed to award damages after they have decided the question of liability; whilst " mixed commissions," before awarding damages, usually have to decide whether the pecuniary claims made are or are not well founded.
Each of the signatory powers is to designate within three months from the ratification of the convention four persons at the most, of recognized competence in international law, enjoying the highest moral consideration, and willing to accept the duties of arbitrators.
The signatory powers desiring to apply to the tribunal for the settlement of a difference between them are to notify the same to the arbitrators.
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 arbitrators selected by the United States were Sir E.
The arbitrators named by the tsar were M.
The arbitrators by their award in February 1904 decided unanimously in favour of the blockading powers and ordered payment of their claims out of the 30% of the receipts at the two Venezuelan ports which had been set apart to meet them.
By three protocols signed at Tokyo in August 1902 this question was agreed to be submitted to arbitrators, members of the court at the Hague, one to be chosen by each party with power to name an umpire.
The arbitrators chosen were M.
The next is the choice of the arbitrators and of an umpire if the number of arbitrators is even.
The hearing consists in the discussion of the matters contained in the several cases, and is conducted under the direction of the president who is either the umpire, or, if there is no umpire, one of the arbitrators.
Bar-le-Duc has tribunals of first instance and of commerce, a board of trade arbitrators, a lycee, a training-college for girls, a chamber of commerce, a branch of the Bank of France and an art museum.
If three arbitrators were appointed, a majority could decide; in case of two being appointed and not agreeing, the praetor would compel them to.
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.
c. 15 provided that the submission might be made a rule of court, a provision which gave the court power to assist the parties in the trial of the case, and to enforce the award of the arbitrators; (d) the statute 3 and 4 Will.
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.
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.
But in the absence of evidence to show that the fees charged by arbitrators or umpire are extortionate, or unfair and unreasonable, the courts will not interfere with them (Llandrindod Wells Water Co.
An umpire is required to make his award within one month after the original or extended time appointed for making the award of the arbitrators has expired, or any later day to which he may enlarge it.
The court may by order remit an award to the arbitrators or umpire for reconsideration, in which case the reconsidered award must be made within three months after the date of the order.
The deed of submission first defines the terms of the reference, the name or names of the arbiters or arbitrators, and the "oversman" or umpire, whose decision in the event of the arbiters differing in opinion is to be final.
" by which it is allowed to refer a matter in dispute (not then in court) to arbitrators, and agree that the submission be made a rule of court.
The submission terminates (i.) by the death, refusal, resignation or inability to act of one of the arbitrators; (ii.) by the expiration of the period agreed upon, or of three months if no time had been fixed; (iii.) by the disagreement of two arbitrators, unless power be reserved to them to appoint an umpire (art.
If the arbitrators, differing in opinion, cannot agree upon an umpire (tiers arbitre), the president of the Tribunal of Commerce will appoint one, on the application of either party (art.
The umpire is required to give his decision within one month of his acceptance of the appointment; before making his award, he must confer with the previous arbitrators who disagreed (art.
Arbitrators and umpire must proceed according to the ordinary rules of law, unless they are specially empowered by the submission to proceed as amiables compositeurs (art.
- Russell, Arbitration (London, 1906); Annual Practice (London, yearly); Redman, Arbitration (London, 1897) Crewe, Arbitration Act of 1889 (London, 1898); Pollock, On Arbitrators (London, 1906).
The Railway Department was originally constituted in 1840, and performs multifarious duties under various railway acts, including the inspection of railways before they are open, inquiries into accidents, reports on proposed railways, approval of by-laws, appointment of arbitrators in disputes, as well as many duties under private railway.
The two towns also, by the decision given as arbitrators at Payerne (30th December 1530), upheld their alliance with Geneva, condemned the duke to pay all the expenses of the war, and confirmed the clause as to their right to occupy Vaud; they also surrounding the exercise of the powers of vidomne by the duke with so many restrictions that in 1532 the duke, after much resistance, formally agreed to recognize the alliance of Geneva with the two towns and not to annoy the Genevese any more.
This was ultimately assented to by the secretary of state, James Gillespie Blaine, on the understanding that certain specific points, which he indicated, should be laid before the arbitrators.
Each power was to name two arbitrators, and the president of the French Republic, the king of Italy, the king of Norway and Sweden were each to name one.
In the event of a determination in favour of Great Britain the arbitrators were to determine what concurrent regulations were necessary for the preservation of the seals, and a joint commission was to be appointed by the two powers to assist them in the investigation of the facts of seal life.
The question of damages was reserved for further discussion, but either party was to be at liberty to submit any question of fact to the arbitrators, and to ask for a finding thereon.
The British arbitrators were Lord Hannen and Sir John Thompson.
The neutral arbitrators were the baron de Courcel, the marquis Visconti Venosta, and Mr Gregers Gram, appointed respectively by the president of the French Republic, the king of Italy, and the king of Norway and Sweden.
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.
There have been mining strikes at Scranton (1871), in the Lehigh and Schuylkill regions (1875), at Hazleton (1897), and one in the anthracite fields (1902) which was settled by a board of arbitrators appointed by President Roosevelt; and there were street railway strikes at Chester in 1908 and in Philadelphia in 1910.
The administrative officers were entrusted with the assessment and acted as arbitrators and referees in case of illegal exactions.
appointed him chancellor of England, and he was one of the arbitrators who drew up the dictum de Kenilworth in 1266.
They are possessed of certain privileges, such as exemption from the chief taxes and the duty of bearing arms. They, however, often take a foremost part in tribal administration, and are frequently called upon to perform the office of arbitrators in questions of disputed policy, &c. In the Jemda, too, the Marabout at times takes the place of honour and keeps order.
But at the end of the month it was agreed to leave the question to the British arbitrators, and the latter decided to send one of their number, Sir T.
The arbitrators declined to give a verdict, but the general impression was that victory rested with Eck.
The award of the Swiss arbitrators in the matter of the Delagoa Bay railway was given in 1900 (see Lourenco Marques).
The American commissioners refused "unless the principles which should govern the arbitrators in the consideration of the facts could be first agreed upon."
Article 1, after expressing the regret felt by Her Majesty's government for the escape, in whatever circumstances, of the "Alabama" and other vessels from British ports, and for the depredations committed by these vessels, provided that "the claims growing out of the acts of the said vessels, and generically known as the ` Alabama ' claims" should be referred to a tribunal composed of five arbitrators, one to be named by each of the contracting parties and the remaining three by the king of Italy, the president of the Swiss Confederation and the emperor of Brazil respectively.
By Article 2 all questions submitted were to be decided by a majority of the arbitrators, and each of the contracting parties was to name one person to attend as agent.
Article 6 provided that the arbitrators should be governed by the three rules quoted above, and by such principles of international law not inconsistent therewith as the arbitrators should determine to be applicable to the case.
Article 7 provided that the decision should be made within three months from the close of the argument, and gave power to the arbitrators to award a sum in gross in the event of Great Britain being adjudged to be in the wrong.
The arbitrators appointed by the three neutral powers were Count Sclopis (Italy), M.
The British agent then applied for an adjournment of eight months, ostensibly in order that the two governments might conclude a supplemental convention, it having been meanwhile privately arranged between the arbitrators that an extra-judicial declaration should be obtained from the arbitrators on the subject of the direct claims. On the 19th of June Count Sclopis intimated on behalf of all his colleagues that, without intending to express any opinion upon the interpretation of the treaty, they had arrived at the conclusion that "the indirect claims did not constitute upon the principles of international law applicable to such cases a good foundation for an award or computation of damages between nations."
On the 14th of September the award was formally published, and signed by all the arbitrators except Sir A.
In the course of 1872 the arbitrators met at Geneva.
A dispute had been going on for some time about the possession of a strip of territory which some British arbitrators had awarded to the Zulu king.
In 1457 Bourchier took the chief part in the trial of Reginald Pecock, bishop of Chichester, for heresy; in 1467 he was created a cardinal; and in 1475 he was one of the four arbitrators appointed to arrange the details of the treaty of Picquigny between England and France.
arbitrators designated by the parties in an arbitration.
Section 65 of the Act enables the parties to ask the arbitrators to place a cap on legal costs.
arbitrators in salvage disputes.
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.
To the same class belong those cases in which the arbitrators have to adapt the provisions of an old treaty to new and altered circumstances, somewhat in the way in which English courts of justice apply the doctrine of " cy-pres."
The arbitrators met in the year 37 (A.D.
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.