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Arbitration agreement
Arbitration agreementThe 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. RELATED TERMS-------------------------------------- Agreement A verbal or written resolution of disputes. Parties Contracts. Those persons who engage themselves to do, or not to do the matters and things contained in an agreement. Submission 1) A yielding to authority. A citizen is bound to submit to the laws; a child to his parents; a servant to his master. A victor may enforce, the submission of his enemy. 2) Contracts. An agreement by which persons who have a law-suit or difference with one another, name arbitrators to decide the matter, and bind themselves reciprocally to perform what shall be arbitrated. 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". Place Pleading, evidence. A particular portion of space; locality. Rules English law. The rules of the King's Bench and Fleet are certain limits without the actual walls of the prisons, where the prisoner, on proper security previously given to the marshal of the king's bench, or warden of the fleet, may reside; those limits are considered, for all legal and practical purposes, as merely a further extension of the prison walls. Appointment 1) Government, wills. The act by which a person is selected and invested with an office; as the appointment of a judge, of which the making out of his commission is conclusive evidence. 2) By appointment is also understood a public employment, nearly synonymous with office. Process 1) Practice. So denominated because it proceeds or issues forth in order to bring the defendant into court, to answer the charge preferred against him, and signifies the writ or judicial means by which he is brought to answer. 2) Rights. The means or method of accomplishing a thing. Subject 1) Contracts. The thing which is the object of an agreement. This term is used in the laws of Scotland. 2) Persons, government. An individual member of a nation, who is subject to the laws; this term is used in contradistiction to citizen, which is applied to the same individual when considering his political rights. Conflict The opposition or difference between two judicial jurisdictions, when they both claim the right to decide a cause, or where they both declare their incompetency. Each Every one of the two or more composing the whole. Proper That which is essential, suitable, adapted, and correct. SIMILAR TERMS-------------------------------------- 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 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 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-------------------------------------- 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 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 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. We thank you for using the Juridical Dictionary to search for Arbitration agreement. 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