Juridical Dictionary

This dictionary contains:
8526
juridical terms

Arbitration




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".

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

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".

Litigation
A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. It usually involves dispute resolution of private law issues between individuals, business entities or non-profit organizations.

Judgment
Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury.

Parties
Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement.

Decision
Practice. A judgment given by a competent tribunal. The French lawyers call the opinions which they give on questions propounded to them, decisions.



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.

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.

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 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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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
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.

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

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.

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This dictionary contains 8526 terms.







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