Arbitration

The American Dictionary and Cyclopedia · 1907 · p. 32
( Law. ) The investigation and determination of a matter or matters of difference between disposed that when cut transversely it appears ramified like a tree, whence its name. contending parties, by one or more unofficial persons, Arbor vitæ, in Alabama , a post-office of Bullock co. chosen by the said parties, and called arbitrators or re- Arbroath'. See ABERBROTHWICK. ferees. Any matter may be determined by A. which Arbuckle, in W. Va . , a twp. of Mason co. the parties may adjust by agreement, or which may be Ar'buscle, n. [Lat. arbuscula .] A little tree or shrub. the subject of a suit at law. Any person who is capable Arbus'cular, a. Resembling a shrub. of making a valid and binding contract with regard to Arbustive, a. That is planted with trees or shrubs. (R.) the subject may, in general, be a party to a reference or Arbus'tum, n. [Lat.) An orchard, hop-garden, or arbitration. Every one is so far, and only so far, bound by the award as he would be by an agreement of the same kind made directly by him. In common law it is entirely voluntary, and depends upon the agreement of the parties to waive the right of trial in court by a jury. State law sometimes makes A. compulsory, as in the case where there is nece ary the investigation of a long and involved account. An award by arbitrators is not, however, equivalent to a legal decision, and if resisted the award can only be sustained by an action at law. But statutes frequently provide that an award may be entered as a judgment upon the records of a specified court, in which case it is not subject to review. Ordinarily, however, the decision of arbitrators is accepted as binding. In cases of disputes between laborers and employers A. may be either voluntary or compulsory. As it is not easy, however, to enforce a decision, acceptance is usually voluntary, and in this direction A. has proved highly useful. The French "courts of conciliation," dating from 1891, have done much to prevent or settle labor troubles, by bringing employers and workmen into amicable contact. Similar measures have been attempted in Great Britain, and Boards of A. have been formed here in several States, but effective A. is yet largely wanting. See ARBITRATION, INTERNATIONAL.
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