Arbitration
an adjudication by private persons, called arbitrators, appointed to decide a matter or matters in controversy, either by written or oral submission, by agreement of the disputants. It differs from a reference which is made by the order of a court of law.
Legal Arbitration. ---Infants and others not sui juris cannot submit controversies to arbitration. The matters that may be submitted to an arbitrator are all personal disputes and differences that ARBITRATION might otherwise be made the subject of controversy in the courts of civil jurisdiction, except matters respecting a claim to an estate in real property, in fee or for life, which in New York cannot be submitted to arbitration; in some other States they may be. Thus breaches of contract generally, breaches of promise of marriage, trespass, assaults, charges of slander, differences respecting part- nership transactions or the purchase price of a piece of personal property, all may be referred to arbitration. Questions relating to real property in the State of New York cannot be the subject of arbitration. Differences between landlord and tenant, where no claim of title is interposed, may be. Pure questions of law may also be referred to the decision of an arbitrator. Actions at law and suits in equity may also be settled by arbitration; and this kind of reference may be made at any stage of the proceedings, sometimes even after after decree in equity. Questions relating to the future use and enjoyment of property, and future or anticipated differences between parties, may likewise be so submitted, but not in New York. In some of the States, however, some matters depending on points strictly techsome of the States, however, some mat- ters depending on points strictly techview of the fact that often arbitrators are not learned in the law. A matter clearly illegal cannot be made the subare not learned in the law. A matter corporations may make submission to arbitration. The arbitrator ought to be a person who stands perfectly indifferent corporations may make submission to arbitration. The arbitrator ought to be no other particular qualifications for the office, and the choice by parties of the no other particular qualifications for the tween them is perfectly safe. office, and the choice by parties of the before an arbitrator are regulated generally according to the forms observed in courts of law. The arbitrator on the day appointed hears the case and makes his award, which need not be in writing, in courts of law. The arbitrator on the day appointed hears the case and makes trator to make a written award. This award in its effect operates as a final and conclusive judgment respecting all the matter submitted, and binds the rights of the parties for all time. An award may be set aside on the ground of cormatter submitted, and binds the rights for any material irregularity or illegality appearing on the face of the proceedings, such as is beyond or not covered by the submission. But the tendency of the courts is to favor arbitration, and main- ARBITRATION tain awards, unless such serious grounds as are above referred to, can be substantiated. Where there are two arbitrators the submission often provides that in the case of their differing in opinion the matter referred shall be decided by a But they cannot make such appointment generally appointed under a power to that effect by the arbitrators themselves.
But they cannot make such appointment unless specially authorized so to do by the terms of the submission. This um as those possessed by the arbitrators, pose is invested with the same powers and is bound by the same rules.
Laws of 1874, the legislature of New York established the "Court of Arbitration of the Chamber of Commerce of the State of New York," defined its jurisdiction, and regulated its proceedings. The London Corporation and the London Chamber of Commerce founded jointly in 1892 a Chamber of Arbitration, or and commercial difficulties; and the great coal dispute and strike of 1893 led to a conference which secured a peaceful con- clusion for the time, and the foundation of a permanent "Board of Reconciliation," owners and of the miners. Diplomatic consisting of representatives both of owners and of the miners. Diplomatic conferences, which often obviate war, belong to a different category.
International Arbitration. As civilization has progressed, chiefly through vast improvement in transportation, which by mixing up the peoples of the world has made life an infinitely more complex thing, the world has continually sought to find some means for the settlement The history of arbitraof international disputes which should expense of war. avert the horrors and vast economic tion during the past half century furtion during the past half century fur- nishes at least an interesting commentary on the efforts on the part of civilized nations to keep the peace.
The word is defined as "an arrange- The word is defined as "an arrangejudgment of a selected person (or per- Arbitration as the simplest sons) in some disputed matter, instead It was of carrying it to the established courts of justice." Arbitration as the simplest the first civilized state of man. employed by the Romans and its use rily from them.
The Arbitration Act of 1889 in England sums up the English law to date and that of the United States is very much land sums up the English law to date and the primary condition is the agreement ARBITRATION of both parties to accept the award of an independent tribunal. Such a court may be special or general, temporary or permanent, open or restricted. In the gravest cases the tribunal works under a special treaty in the case of the United States, made by the Senate.
Financial claims of a private nature are based usually upon executive agreements.
The Hague Convention of 1899 introduced a provision "that in case of questions in dispute affecting neither the vital interest nor the honor of the nations involved international commissions of inquiry shall be appointed to examine and report upon the local circumstances" - such reports to serve "either as the basis of diplomatic settlement or of formal arbitration." A. commission of this character was appointed in 1904 in the dispute between Great Britain and Russia on the firing upon British fishing vessels in the North Sea by the Russian fleet, and its findings were accepted as final.
The powers of such commissions were extended through a proposal of the Secretary of State of the United States in the year 1919, to all international questions; war not to be declared in any event pending a decision.
Arbitration, which is the flower of civilization, can only be utilized by civilized countries. It was freely employed among the Greeks in questions of boundaries, commerce, and even religion. The foreign policy of Rome pointing to universal dominion forbade arbitration, but during the Middle Ages it again came into use, under the authority of the Church. The popes and other high dignitaries of the Roman Church became natural arbitrators in cases of private interest and internal policy, and were often called upon. Pope Alexander VI., acting in such a capacity, traced "an imaginary line from pole to pole in his decision of all lands, discovered in the New World, between Spain and Portugal." Pope Clement XI. was umpire in the treaty of Ryswick between Louis XIV. and Leopold I. Arbitration naturally declined with the Reformation, and the establishment of absolute temporal kingdoms. The great progress of civilization with the new area of scientific discovery, especially the invention of steam transportation that brought all nations into such close relation, brought about a return to arbitration methods.
There were more than 130 courts of arbitration for grave international questions and as many more for financial claims in operation during the 19th century.
The United States and Great Britain ARBITRATION have been foremost among the nations in showing the world the way.
Most important among these was the Treaty of Washington, constituting a Joint High Commission, which, sitting at Geneva in 1871, settled the "Alabama" claims. The frequent disputes between the Latin-American states during the past half century have been for the most part peacefully determined by arbitration.
During the last century and a quarter the United States has figured largely in this field of diplomacy.
The Jay Treaty of 1794, negotiated by John Jay, as chief representative of American interests, with Great Britain, called for one commission to settle the identity of the St. Croix river on the northeastern boundary; boundary; for another to determine between certain of the States and British creditors whose debts had been repudiated or dishonored in violation of the treaty; and a third to settle the rights of neutrals, questions of contraband, and the penalty of the decisions of prize courts.
The Treaty of Ghent in 1814 between the United States and Great Britain likewise provided for three commissions, all relating to boundary questions along the Canadian border, and the right to certain islands in Passamaquoddy Bay and the Bay of Fundy.
The next important question culminated in the year 1818, and required Great Britain on the part of this country to restore slaves in the British possessions at the signing of the Treaty of Ghent.
The Czar of Russia, who was chosen as arbitrator, decided in our favor, and a sum aggregating about a million and a quarter dollars was finally paid.
In the arbitration between this country and Great Britain in 1827 for the settlement of the northeastern boundary, the King of the Netherlands as arbitrator failed to provide a settlement, and the matter was finally compromised in the Webster-Ashburton treaty. Important matters with France were settled in 1831 including claims for private depredations at sea during the Napoleonic wars, the French Beaumarchais claim, and claims for special commercial privileges under the Louisiana cession treaty-in all amounting to an indemnity of more than five and one half millions. The right to take fish in Canadian waters adjoining unsettled territory again came up in 1855 between the United States and Great Britain, and was only finally settled in 1866. The Treaty of Washington between the United States and Great Britain, in 1871, ARBOR DAY brated as Arbor Day. took up the San Juan water boundary, decided in favor of this country by the Emperor of Germany; the Nova Scotia fisheries question; all Civil War claims outside of the "Alabama" claims; and finally the "Alabama" claims. In the fisheries question; all Civil War claims outside of the the "Alabama" claims; and finally the "Alabama" claims. In the Nova Scotia fisheries dispute Great Brit- ain was awarded £1,100,000 and in the third case £386,000. The Samoan dispute involving Great Britain, Germany, and the United States, was attacked in 1889 by the establishment of a joint commission appointed by the King of Sweden in co-operation with the Chief Justice of Samoa. Complications arising ten years later, a joint high commission visited Samoa, and an agreement for the partition of the islands was signed Dec. 2, 1899 . between Great Britain and the United settled in 1896, the States was finally sett first commission having been established in 1892. The first award, mainly in favor of Great Britain , was rendered in 1893, but recognized the plea of the United States for the regulation of the seal fisheries and its proposals to that end. A second commission appointed in 1896 fixed the amount of damages due to Canadian sealers under the former decision at $471,151. The next important question was the determination of the Alaskan boundary, which began in 1897, and was finally settled in 1899. being in Sealing disputes with Russia, arising out of the seizure of four American sealfishers by a Russian cruiser in Bering Sea in 1891, were finally settled by arbitration in 1902, the decision beir favor of the United States with the out of the seizure of four American seal- fishers by a Russian cruiser in Bering Sea in 1891, were finally settled by ar- bitration in 1902, the decision being in vessel has no jurisdiction over a vessel of another nation outside territorial waters. The Alaska boundary dispute was finally settled by a joint commission representing Great Britain and the waters. The Alaska boundary dispute MOVEMENT; LEAGUE OF NATIONS.