Arbitrator in United Kingdom

Meaning of Arbitrator

The following is an old definition of Arbitrator [1]: A private extraordinary judge chosen by the parties who have a matter in dispute, and invested with power to decide the same. Compulsory arbitration. When assent in one party is enforced by law, under a rule to refer. Voluntary arbitration. A reference freely consented to by both parties. At common law, was in pais – by agreement out of court, with no compulsory power over witnesses. In pursuance of 9 and 10 Will. lll (1698), c. 15, is by rule of court – by order of a court directing that a submission upon a matter not yet in court shall be made a rule of the court. The statute enacts that all merchants and others who desire to end any controversy, suit, or quarrel (for which there is no remedy but by personal action or suit in equity) may agree that their submission of the suit to arbitration or umpirage shall be made a777 rule of the king’s courts of record, and may insert such agreement in their submission or promise, or as the condition of the arbitration-bond; which agreement being proved upon oath by a witness thereto, the court shall make a rule that such submission and award shall be conclusive. A bond to abide the decision may be required. The arbitrators are the judges of both the law and the facts. They are not bound to disclose the grounds of their finding. They cannot modify or go beyond the precise question submitted; nor can they do general equity. Irregularities in appointing arbitrators, or in their proceedings, when apparent on the record, may be corrected by a writ of error; but those which are made so by extrinsic proof can be corrected only by the court below. Every presumption is made in favor of the award, unless flagrant error appears on the record. While the proceedings remain in court (that is, until the arbitrators are appointed), it must appear by the record that everything is regular, but after they are appointed the proceedings are out of court and need not be reduced to writing. The powers and duties of arbitrators are regulated by statute, and explanatory decisions, in each State. Arbitrations are regarded favorably. If they settle the rights of the parties, and their award can be rendered certain by reference to documentary evidence, they will be sustained. An award which leaves nothing to be done to dispose of the matter except a ministerial act is sufficient. See further Abide; Award; Refer; Umpire.

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Notes and References

1. Concept of Arbitrator provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)