ARBITRATION

A Law Dictionary · 1910 · p. 3
In practice. The in- G vest i gat i on 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," H or "referees." Duren v. Getchell, 55 Me. 241; Henderson v. Beaton~ 52 Tex. 43; Boyden v. Lamb, 152 Ma . 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 talces I 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. J In a wide sense, this terQJ. may embrace the whole method of thus settling controversies, and tnus 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 submis- K sion and hearing. -Arbitration clause, A clause inserted in a contract providing for compulsory arbitration in case of dispute as to rights or liabilities.under it; ineffectual if it purports to oust the courts of jurisdiction entire!~ See Perry v. L Cobb, 88 Me. 435. 34 Atl. 278, 49 L. R. A. 389. -Arbitration of exchange. This takes place where a merchant pays his debts in one country by a bill of exchange upon another. [s. 89]
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