Juridical Dictionary

This dictionary contains:
8526
juridical terms

Arbitrament and award






Arbitrament and award

The name of a plea to an action brought for the same cause which had been submitted to arbitration, and on which an award had been made.

RELATED TERMS
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Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.

Plea
1) Chancery practice. "A plea," says Lord Bacon, speaking of proceedings in courts of equity, "is a foreign matter to discharge or stay the suit." 2) Practice. The defendant's answer by matter of fact, to the plaintiff's declaration.

Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.

Cause
1) Civil law. It signifies the delivery of the thing, or the accomplishment of the act which is the object of a convention. 2) It is the consideration or motive for making a contract. 3) Pleading. The reason; the motive. 4) Practice. A contested question before a court of justice; it is a Suit or action.

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".

Award
A decision made by a court to compensate a person for something.



SIMILAR TERMS
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Arbiter
One who, decides without any control. A judge with the most extensive arbitrary powers; an arbitrator.

Arbitral award
The decision reached by arbitrators in an arbitration (infra).

Arbitral tribunal
The panel of arbitrators or the single arbitrator charged with hearing and rendering an arbitral award in order to decide an arbitration.

Arbitrament
A term nearly synonymous with arbitration.

Arbitrary
What depends on the will of the judge, not regulated or established by law.

Arbitrary punishments
Practice. Those punishments which are left to the decision of the judge, in distinctiou from those which are defined by statute.

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".

Arbitration agreement
The agreement concluded between parties, providing for the submission of their dispute to arbitration, usually in a particular place, under a particular law governing the dispute along with rules of procedure governing the appointment of arbitrators and the arbitration process. The law applicable to the arbitration agreement, the laws applicable to the subject of the dispute, the law of the arbitral proceedings and the applicable conflict rules may all be different, each having a proper law of its own.

Arbitration award
An Arbitration Award is an agreement to submit to arbitration present or future disputes (whether they are contractual or not). The reference in an agreement to a written form of arbitration clause or to a document containing an arbitration clause constitutes an arbitration agreement if the reference is such as to make that clause part of the agreement.

Arbitration clause
A clause in a bill of lading, a waybill, a charterparty or other contract, providing that any dispute arising under the contract shall be submitted to arbitration (supra) before one or more arbitrators, in the place and according to the laws and rules specified in the clause.

Arbitration exception
An exception to the principle of foreign sovereign immunity found in the Foreign Sovereign Immunities Act of the United States, whereby the foreign sovereign is not immune from jurisdiction in any case in which the action is brought to confirm an arbitral award if the arbitration agreement or arbitral award is or may be governed by a treaty or other international agreement in force for the United States calling for the recognition and enforcement of arbitral awards.

Arbitrator
A private extraordinary judge chosen by the parties who have a matter in dispute, invested with power to decide the same.

Arbitrrary law
An arbitrary law is one made by the legislator simply because he wills it, and is not founded in the nature of things; such law, for example, as the tariff law, which may be high or low. This term is used in opposition to immutable.



PREVIOUS AND NEXT TERMS
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Aquatic rights
This is the name of those rights which individuals have in water, whether it be running, or otherwise.

Arbiter
One who, decides without any control. A judge with the most extensive arbitrary powers; an arbitrator.

Arbitral award
The decision reached by arbitrators in an arbitration (infra).

Arbitral tribunal
The panel of arbitrators or the single arbitrator charged with hearing and rendering an arbitral award in order to decide an arbitration.

Arbitrament
A term nearly synonymous with arbitration.

Arbitrament and award

Arbitrary
What depends on the will of the judge, not regulated or established by law.

Arbitrary punishments
Practice. Those punishments which are left to the decision of the judge, in distinctiou from those which are defined by statute.

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".

Arbitration agreement
The agreement concluded between parties, providing for the submission of their dispute to arbitration, usually in a particular place, under a particular law governing the dispute along with rules of procedure governing the appointment of arbitrators and the arbitration process. The law applicable to the arbitration agreement, the laws applicable to the subject of the dispute, the law of the arbitral proceedings and the applicable conflict rules may all be different, each having a proper law of its own.

Arbitration award
An Arbitration Award is an agreement to submit to arbitration present or future disputes (whether they are contractual or not). The reference in an agreement to a written form of arbitration clause or to a document containing an arbitration clause constitutes an arbitration agreement if the reference is such as to make that clause part of the agreement.

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This dictionary contains 8526 terms.