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Arbitrator S Award - Law Dictionary Search Results

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arbitrator's award

arbitrator's award : the decision an arbitrator makes concerning a dispute called also arbitrament ...


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 ...


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) ...


arbitrament

arbitrament 1 : the settling of a dispute by an arbitrator 2 : arbitrator's award ...


essence test

essence test : a rule in labor law: a reviewing court may set aside an arbitrator's award only if it is unreasonable and does not derive from the collective bargaining agreement ...


Arbitration

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...


Award

Award [the primitive sense of ward is shown in the It. Guardare, Fr. regarder, to look. Hence, Prov. Fr. eswarder (answering in form to award), to inspect goods, and, incidentally, to pronounce them good and marketable; eswardenur, an inspector, Hecart. An award is accordingly, in the first place, the taking a matter into consideration and pronouncing judgment upon it; but in later times the designation has been transferred exclusively to the consequent judgment, Wedgw.], a document containing the determination of commissioners, under an Inclosure Act or other public statute; also an instrument embodying an arbitrator's decision on a matter submitted to him. It must follow the submission, but need not necessarily be in writing, unless so prescribed. An award is generally considered as published as soon as the arbitrator has done some act where by he becomes functus officio, and has declared, and can no longer change, his final mind. As soon as the award is executed, notice thereof shou...


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...


In relation to arbitral proceedings

In relation to arbitral proceedings, The phrase 'in relation to arbitral proceedings' cannot be given a narrow meaning to mean only pendency of the proceedings before the arbitrator. It would cover not only proceedings pending before the arbitrator but would also cover the proceedings before the court and any proceedings which are required to be taken under the old Act for the award becoming a decree under s. 17 thereof and also appeal arising thereunder, N.S. Nayak v. State of Goa, (2003) 6 SCC 56 (62). [Arbitration and Conciliation Act, 1996, s. 85(2)(a)]In relation to arbitral proceedings, cannot be given a narrow meaning to mean only pendency of the arbitration proceedings before the arbitrator, Thyssen Stahlunion GmBH v. Steel Authority of India Ltd., (1999) 9 SCC 334....


Arbitral award

Arbitral award, includes an interim award. [Arbitration and Conciliation Act, 1996 (26 of 1996), s. 2(1)(c)]...


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