Arbitral Award - Law Dictionary Search Results
Home Dictionary Name: arbitral award Page: 2Arbitration
Arbitration, the determination of a matter in dispute by the judgment of one or more persons, called arbitrators, who in case of difference usually call in an 'umpire' to decide between them.Means a method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is binding, Black Law Dictionary 7th Edn., p. 100.Means any arbitration whether or not administered by permanent arbitral institution. [The Arbitration and Conciliation Act, 1996, s. 2(a)]An arbitrator is a disinterested person, to whose judgment and decision matters in dispute are referred, Termes de la Ley.The civilians make a difference between arbiter and arbitrator, though both found their power in the compromise of the parties; the former being obliged to judge according to the customs of the law: whereas the latter is at liberty to use his own discretion, and accommodate the difference in that manner which appears most just and equitable.An ar...
Umpire
Umpire [fr. imperator or impar, Lat.]. A submission to arbitration usually provides that in case of arbitrators not agreeing in an award, the matters in dispute shall be decided by a third person, who is called an umpire. The umpire's authority commences when arbitrators are unable to agree, but if there be a time limited for the award, his authority absolutely commences from such time. the umpire, when called upon to act, is generally invested with the same powers as the arbitrators, and bound by the same rules and has to perform the same duties. See ARBITRATION and ARBITRATOR, and consult Russell on Arbitration.Also an officer appointed by the Crown who may also appoint one or more deputy umpires to hear appeals from Courts of Referee in connection with claims under the Unemployment Insurance Acts; see U.I. Act, 1935 (25 & 26 Geo. 5, c. 8), ss. 40, 44 and 45. See Selected Decisions of Umpire.An impartial person appointed to make an award or final decision usually when a matter has be...
Hybrid award
Hybrid award, which are neither speaking awards nor non-speaking - partly speaking and partly non-speaking awards. If the award made by the arbitrator is a non-speaking one the difficulty of showing that there is an error apparent on the face of the award becomes insurmountable and ordinarily such award cannot be challenged at all unless it is shown that the arbitrator has wholly travelled outside the contract which gives him the jurisdiction. In cases of speaking awards the court can interfere if there is an error apparent on the face of the award itself, Bharat Coking Coal Ltd. v. .K. Ahuja and Co., IR 2001 SC 1179 (1182): (2001) 4 SCC 86....
Geneva arbitration
Geneva arbitration, an arbitration held at Geneva to determine the extent of the liability of the British Government for having allowed the Alabama, a man-of-war built in the Mersey for the Confederate States, to put to sea, where she preyed on the commerce of the United States. The British Government admitted liability, and the only question was as to the amount of the damage which were ultimately fixed by the arbitrators at 3,229,166l. The five arbitrators were nominated by Great Britain, the United States, Italy, Switzerland, and Brazil. The British arbitrator was Sir Alexander Cockburn, LCJ, and the counsel who appeared for the British Government were Sir Roundell Palmer and Mr. Arthur Cohen. The arbitrators met on 17th December, 1871, and made their award on 15th September, 1872. See Memorials of the Earl of Selborne, vol. ii, ch. 55....
award
award [Anglo-French awarder agarder to look at, decide on, impose, alteration of Old French esguarder to look at, from es-, intensive prefix + guarder to guard] 1 : to give in accordance with a judicial or administrative determination or decision [ punitive damages] 2 : to grant as deserved [ed the contract to the lowest bidder] n 1 : a judgment or final decision: as a : arbitrator's award b : a formal decision regarding benefits in a workers' compensation claim 2 : something granted esp. on the basis of merit or entitlement: as a : a contract won by a successful bidder b : relief usually in the form of money (as damages or alimony) granted to a party in a legal proceeding ...
arbitrament
arbitrament 1 : the settling of a dispute by an arbitrator 2 : arbitrator's award ...
submission
submission 1 : an agreement to submit a dispute to and abide by the decision of an arbitrator [an award falls within the general rule that acts of arbitrators must…be coextensive with the "Albert v. Goor, 218 P.2d 736 (1950)"] 2 : an act of submitting something [upon of a properly completed memorandum "J. H. Friedenthal et al."] ;also : something submitted 3 : an act of submitting to the authority or control of another ...
manifest
manifest 1 : capable of being readily perceived by the senses and esp. by sight [a injury] 2 : capable of being easily understood or recognized : clearly evident, obvious, and indisputable [vacating an arbitrator's award because of the arbitrator's disregard of the law] man·i·fest·ly adv vt : to make evident or certain by showing or displaying [ing the intent to make a gift] man·i·fes·ta·tion [ma-nə-fə-stā-shən, -fe-stā-] n n : a list of passengers or an invoice of cargo for a vehicle (as a ship or plane) ...
Clerical error
Clerical error, an error in a document which can only be explained by considering it to be a slip or mistake of the party preparing or copying it. Clerical errors in judgments or orders may be corrected by the Court or a judge under R.S.C. Ord. XXVIII., r. 11, and in awards, by the arbitrator, under the Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 7; and for the inherent right of a Court to correct an error or supply an accidental omission, see Milson v. Carter, 1893 AC 640.As to contracts, clerical errors have frequently been corrected by application of the maxims, Qui h'ret in litera, h'ret in cortice, or, Mala grammctica non vitiat chartam. A clerical error in a lease for ninety-four years at a yearly rent 'during the said term of ninety-one years and a quarter' was corrected by the counterpart into ninety-one years and a quarter, in Burchell v. Clark, (1876) 2 CPD 88, by a majority of the Court of Appeal; and see Spyve v. Topham, (1802) 3 East 115; and other cases showing that c...
Instruments of partition
Instruments of partition, means any instrument whereby co-owners of any property divide or agree to divide such property in severalty, and includes also a final order for effecting a partition passed by any revenue-authority or any Civil Court and an award by an arbitrator directing a partition. [Stamp Act, 1899 (2 of 1899), s. 2(15)]...
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