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Definitions of arbitration

  1. the act of deciding as an arbiter; giving authoritative judgment; "they submitted their disagreement to arbitration" Scrapingweb Dictionary DB
  2. (law) the hearing and determination of a dispute by an impartial referee agreed to by both parties (often used to settle disputes between labor and management) Scrapingweb Dictionary DB
  3. The hearing and determination of a cause between parties in controversy, by a person or persons chosen by the parties. Webster Dictionary DB
  4. A non-court procedure for resolving disputes using one or more neutral third parties -- called the arbitrator or arbitration panel. Arbitration uses rules of evidence and procedure that are less formal than those followed in trial courts, which usually leads to a faster, less-expensive resolution. There are many types of arbitration in common use: Binding arbitration is similar to a court proceeding in that the arbitrator has the power to impose a decision, although this is sometimes limited by agreement -- for example, in "hi-lo arbitration" the parties may agree in advance to a maximum and minimum award. In non-binding arbitration, the arbitrator can recommend but not impose a decision. Many contracts -- including those imposed on customers by many financial and healthcare organizations -- require mandatory arbitration in the event of a dispute. This may be reasonable when the arbitrator really is neutral, but is justifiably criticized when the large company that writes the contract is able to influence the choice of the arbitrator.
  5. The settlement of a dispute by a group of persons chosen by those on each side; settlement of a question by mutual agreement; as, disputes between modern nations should be settled by arbitration. The Winston Simplified Dictionary. By William Dodge Lewis, Edgar Arthur Singer. Published 1919.
  6. A settlement by one or more umpires. The Clarendon dictionary. By William Hand Browne, Samuel Stehman Haldeman. Published 1894.
  7. The settling of a controversy by an arbitrator or arbitrators. The Concise Standard Dictionary of the English Language. By James Champlin Fernald. Published 1919.
  8. The hearing and determining of a dispute by a person or persons chosen by the parties. Nuttall's Standard dictionary of the English language. By Nuttall, P.Austin. Published 1914.
  9. The hearing and deciding of a disputed matter by one or more persons. Etymological and pronouncing dictionary of the English language. By Stormonth, James, Phelp, P. H. Published 1874.
  10. In practice. The investigation and determination of a matter or matters of difference between contending parties, by one or more unofficial persons, chosen by the parties, and called “arbitrators,” or “referees.” Duren v. Getchell, 55 Me. 241; Henderson v. Beaton”, 52 Tex. 43; Boyden v. Lamb. 152 Mass. 416, 25 N. E. 609; In re Curtis-Castle Arbitration, 64 Conn. 501. 30 Atl. 769. 42 Am. St. Rep. 200. Compulsory arbitration is that which takes place when the consent of one of the parties is enforced by statutory provisions. Voluntary arbitration is that which takes place by mutual and free consent of the parties. In a wide sense, this term may embrace the whole method of thus settling controversies, and thus include all the various steps. But in more strict use, the decision is separately spoken of, and called an “award,” and the “arbitration” denotes only the submission and hearing. thelawdictionary.org
  11. Practice. A reference and submission of a matter in dispute concerning property, or of a personal wrong, to the decision of one or more persons as arbitrators. 1215.org/lawnotes/bouvier/bouvier.htm
  12. They are voluntary or compulsory. The voluntary are, 1. Those made by mutual consent, in which the parties select arbitrators, and bind themselves by bond abide by their decision; these are made without any rule of court. 3 Bl. Com. 16. 1215.org/lawnotes/bouvier/bouvier.htm
  13. Those which are made in a cause depending in court, by a rule of court, before trial; these are arbitrators at common law, and the award is enforced by attachment. Kyd on Awards, 21. 1215.org/lawnotes/bouvier/bouvier.htm
  14. Those which are made by virtue of the statute, 9 & l0 Will. III., c. 15, by which it is agreed to refer a matter in dispute not then in court, to arbitrators, and agree that the submission be made a rule of court, which is enforced as if it had been made a rule of court; Kyd on Aw. 22; there are two other voluntary arbitrations which are peculiar to Pennsylvania. 1215.org/lawnotes/bouvier/bouvier.htm
  15. The first of these is the arbitration under the act of June 16, 1836, which provides that the parties to, any suit may consent to a rule of court for referring all matters of fact in controversy to referees, reserving all matters of law for the decision of the court, and the report of the referees shall have the effect of a special verdict, which is to be proceeded upon by the court as a special verdict, and either party may have a writ of error to the judgment entered thereupon 1215.org/lawnotes/bouvier/bouvier.htm
  16. Those by virtue of the act of 1806, which authorizes " any person or persons desirous of settling any dispute or controversy, by themselves, their agents or attorneys, to enter into an agreement in writing, or refer such dispute or controversy to certain persons to be by them mutually chosen; and it shall be the duty of the referees to make out an award and deliver20it to the party in whose favor it shall be made, together with the written agreement entered into by the parties; and it shall be the duty of the prothonotary, on the affidavit of a subscribing witness to the agreement, that it was duly executed by the parties, to file the same in Iiis office; and on the agreement being so filed as aforesaid, he shall enter the award on record, which shall be as available in law as an award made under a reference issued by the court, or entered on the docket by the parties." 1215.org/lawnotes/bouvier/bouvier.htm
  17. Compulsory arbitrations are perhaps confined to Pennsylvania. Either party in a civil suit or action,, or his attorney, may enter at the prothonotary's office a rule of reference, wherein be shall declare his determination to have arbitrators chosen, on a day certain to be mentioned therein, not exceeding thirty days, for the trial of all matters in variance in the suit between the parties. A copy of this rule is served on the opposite party. On the day. appointed they meet at the prothonotary's, and endeavor to agree upon arbitrators; if they cannot, the prothonotary makes out a list on whicb are inscribed the names of a number of citizens, and the parties alternately strike each one of them from the list, beginning with the plaintiff, until there are but the number agreed upon or fixed by the prothonotary left, who are to be the arbitrators; a time of meeting is then agreed upon or appointed by the prothonotary, when the parties cannot agree, – at which time the arbitrators, after being sworn or affirm and equitably to try all matters in variance submitted to them, proceed to bear and decide the case; their award is filed in the office of the prothonotary, and has the effect of a judgment, subject, however, to appeal, which may be entered at any time within twenty days after the filing of such award. Act of 16th June, 1836, Pamphl. p. 715. 1215.org/lawnotes/bouvier/bouvier.htm
  18. This is somewhat similar to the arbitrations of the Romans; there the praetor selected from a list Of citizens made for the purpose, one or more persons, who were authorized to decide all suits submitted to them, and which had been brought before him; the authority which the proctor gave them conferred on them a public character and their judgments were without appeal Toull. Dr. Civ. Fr. liv. 3, t. 3, ch. 4, n. 820. See generally, Kyd on Awards; Caldwel on Arbitrations; Bac. Ab. h. t.; 1 Salk. R. 69, 70-75; 2 Saund. R. 133, n 7; 2 Sell. Pr. 241; Doct. PI. 96; 3 Vin. Ab. 40; 3 Bouv. Inst. n. 2482. 1215.org/lawnotes/bouvier/bouvier.htm
  19. Settlement of a dispute by an arbiter; a. of exchange, determination of rate of indirect exchange between two currencies. [old French] Concise Oxford Dictionary
  20. n. The hearing and determination of a cause between parties in controversy. Cabinet Dictionary
  21. The determination of a cause by a judge mutually agreed on by the parties. Complete Dictionary
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