arbitration 音标拼音: [
, ɑrbɪtr'eʃən]
n . 仲裁,公断,调停
仲裁,公断,调停
arbitration 仲裁
arbitration 仲裁
arbitration n 1 : (
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 )
2 :
the act of deciding as an arbiter ;
giving authoritative judgment ; "
they submitted their disagreement to arbitration "
[
synonym : {
arbitration }, {
arbitrament }, {
arbitrement }]
Arbitration \
Ar `
bi *
tra "
tion \,
n . [
F .
arbitration ,
L .
arbitratio ,
fr .
arbitrari .]
The hearing and determination of a cause between parties in controversy ,
by a person or persons chosen by the parties .
[
1913 Webster ]
Note :
This may be done by one person ;
but it is usual to choose two or three called arbitrators ;
or for each party to choose one ,
and these to name a third ,
who is called the umpire .
Their determination is called the award . --
Bouvier [
1913 Webster ]
{
Arbitration bond },
a bond which obliges one to abide by the award of an arbitration .
{
Arbitration of Exchange },
the operation of converting the currency of one country into that of another ,
or determining the rate of exchange between such countries or currencies .
An arbitrated rate is one determined by such arbitration through the medium of one or more intervening currencies .
[
1913 Webster ]
ARBITRATION ,
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 .
2 .
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 .
3 .-
2 .
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 .
4 .-
3 .
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 .
5 .-
4 .
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 6 .-
5 .
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 deliver it 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 his 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 ."
7 .
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 which 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 .
8 .
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 .
Pl .
96 ;
3 Vin .
Ab .
40 ;
3 Bouv .
Inst .
n .
2482 .
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