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Amiables compositeurs
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Amiables compositeursClauses in arbitration agreements allowing the arbitrators to act as "amiables compositeurs" permit the arbitrators to decide the dispute according to the legal principles they believe to be just, without being limited to any particular national law. The resulting arbitral awards are frequently based on equity or on the lex mercatoria, the arbitrators being authorized, as "amiables compositeurs", to disregard legal technicalities and strict constructions which they would be required to apply in their decisions if the arbitration agreement contained no "amiable compositeur" clause.
RELATED TERMS--------------------------------------
Arbitration
The settling of a dispute by an arbitrator. Arbitration is a long established alternative to litigation (which may not always be less complex) and which involves an arbitrator reaching a judgment, which is binding on both parties. Where arbitrators cannot agree they may appoint an "umpire". The decision of an arbitrator is known as an "award".
Permit
A license or warrant to do something not forbidden bylaw.
Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.
Principles
By this term is understood truths or propositions so clear that they cannot be proved nor contradicted, unless by propositions which are still clearer. They are of two kinds, one when the principle is universal, and these are kuown as axioms or maxims; as, no one can transmit rights which he has not; the accessory follows the principal, &c. The other class are simply called first principles.
Just
This epithet is applied to that which agrees with a given law which is the test of right and wrong. It is that which accords with the perfect rights of others. By just is also understood full and perfect, as a just weight.
Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.
National
National or public domain. All the property which belongs to the state is comprehended under the name of national or public domain.
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".
Agreement
A verbal or written resolution of disputes.
Clause
Contracts. A particular disposition which makes part of a treaty; of an act of the legislature; of a deed, written agreement, or other written contract or will.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Amerasian act
Public Law provides for the immigration to the United States of certain Amerasian children. In order to qualify for benefits under this law, an alien must have been born in Cambodia, Korea, Laos, Thailand, or Vietnam after December 31, 1950, and before October 22, 1982, and have been fathered by a U.S. citizen.
American bar association
A national association of lawyers whose primary purpose is improvement of lawyers and the administration of justice.
American conflicts revolution
A period of considerable original legal thought beginning about 1930, when the theory of U.S. private international law changed dramatically, affecting legal theory both within and outside of the United States.
American law reports
A publication which reports cases from all United States jurisdictions by subject matter.
American rule
The general rule of American practice which precludes inclusion of attorney's fees in court costs. The American Rule dates back to the American Revolution, when, in the name of basic freedom, the revolutionaries reacted against the British practice of including generous barrister's and solicitor's fees in court costs.
Amiables compositeurs
Amicus curiae
(United Kingdom) A friend of the court.
Amicus curić
A friend of the court. Imports friendly intervention of counsel to remind the court of some matter of law which has escaped its notice and in regard to which it appears to be in danger of going wrong. It is not his function to take upon himself the management of a cause.
Ancient house
A house which has stood for twenty years.
Ancillaries
Ancillaries in the conflict of laws are the time limitations, cross-defenses, rules of evidence, presumptions, burdens of proof, order of proof, etc., which affect or qualify the legal relationship. They were classically deemed procedural (and thus of the forum) but, in reality, ancillaries have a proper law of their own, which is often the proper law of the contract or tort/delict to which they are connected, but not necessarily so.
Ancillary
A proceeding which is auxiliary or subordinate to another proceeding. In probate, a proceeding in a state where a decedent owned property but was not domiciled.
RELATED TERMS--------------------------------------
Arbitration
The settling of a dispute by an arbitrator. Arbitration is a long established alternative to litigation (which may not always be less complex) and which involves an arbitrator reaching a judgment, which is binding on both parties. Where arbitrators cannot agree they may appoint an "umpire". The decision of an arbitrator is known as an "award".
Permit
A license or warrant to do something not forbidden bylaw.
Legal
That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust.
Principles
By this term is understood truths or propositions so clear that they cannot be proved nor contradicted, unless by propositions which are still clearer. They are of two kinds, one when the principle is universal, and these are kuown as axioms or maxims; as, no one can transmit rights which he has not; the accessory follows the principal, &c. The other class are simply called first principles.
Just
This epithet is applied to that which agrees with a given law which is the test of right and wrong. It is that which accords with the perfect rights of others. By just is also understood full and perfect, as a just weight.
Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.
National
National or public domain. All the property which belongs to the state is comprehended under the name of national or public domain.
Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.
Equity
A branch of English law which developed hundreds of years ago when litigants would go to the King and complain of harsh or inflexible rules of common law which prevented "justice" from prevailing. For example, strict common law rules would not recognize unjust enrichment, which was a legal relief developed by the equity courts. The typical Court of Equity decision would prevent a person from enforcing a common law court judgment. The kings delegated this special judicial review power over common law court rulings to chancellors. A new branch of law developed known as "equity", with their decisions eventually gaining precedence over those of the common law courts. A whole set of equity law principles were developed based on the predominant "fairness" characteristic of equity such as "equity will not suffer a wrong to be without a remedy" or "he who comes to equity must come with clean hands".
Agreement
A verbal or written resolution of disputes.
Clause
Contracts. A particular disposition which makes part of a treaty; of an act of the legislature; of a deed, written agreement, or other written contract or will.
SIMILAR TERMS--------------------------------------
PREVIOUS AND NEXT TERMS--------------------------------------
Amerasian act
Public Law provides for the immigration to the United States of certain Amerasian children. In order to qualify for benefits under this law, an alien must have been born in Cambodia, Korea, Laos, Thailand, or Vietnam after December 31, 1950, and before October 22, 1982, and have been fathered by a U.S. citizen.
American bar association
A national association of lawyers whose primary purpose is improvement of lawyers and the administration of justice.
American conflicts revolution
A period of considerable original legal thought beginning about 1930, when the theory of U.S. private international law changed dramatically, affecting legal theory both within and outside of the United States.
American law reports
A publication which reports cases from all United States jurisdictions by subject matter.
American rule
The general rule of American practice which precludes inclusion of attorney's fees in court costs. The American Rule dates back to the American Revolution, when, in the name of basic freedom, the revolutionaries reacted against the British practice of including generous barrister's and solicitor's fees in court costs.
Amiables compositeurs
Amicus curiae
(United Kingdom) A friend of the court.
Amicus curić
A friend of the court. Imports friendly intervention of counsel to remind the court of some matter of law which has escaped its notice and in regard to which it appears to be in danger of going wrong. It is not his function to take upon himself the management of a cause.
Ancient house
A house which has stood for twenty years.
Ancillaries
Ancillaries in the conflict of laws are the time limitations, cross-defenses, rules of evidence, presumptions, burdens of proof, order of proof, etc., which affect or qualify the legal relationship. They were classically deemed procedural (and thus of the forum) but, in reality, ancillaries have a proper law of their own, which is often the proper law of the contract or tort/delict to which they are connected, but not necessarily so.
Ancillary
A proceeding which is auxiliary or subordinate to another proceeding. In probate, a proceeding in a state where a decedent owned property but was not domiciled.
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This dictionary contains 8526 terms.
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