submission bond
A bond given by a litigant who agrees to submit a lawsuit to arbitration and to be bound by an arbitrator’s award. [Cases: Arbitration 14. C.J.S. Arbitration § 184.]
Search Results for: ARBITRATOR
federal mediation and conciliation service
Federal Mediation and Conciliation Service. An independent federal agency that tries to prevent the interruption of commerce resulting from labor–management disputes by helping the parties settle the disputes through mediation and conciliation. • The Service can intervene on its own authority or at the request of a party to the dispute. It also helps employers
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interest arbitration
Arbitration that involves settling the terms of a contract being negotiated between the parties; esp., in labor law, arbitration of a dispute concerning what provisions will be included in a new collective-bargaining agreement. • When the parties cannot agree on contractual terms, an arbitrator decides. This type of arbitration is most common in public-sector collective
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homologation
homologation (h[schwa]-mol-[schwa]-gay-sh[schwa]n).Civil law. 1. Confirmation, esp. of a court granting its approval to some action. 2. The consent inferred by law from a party’s failure, for a ten-day period, to complain of an arbitrator’s sentence, of an appointment of a syndic (or assignee) of an insolvent, or of a settlement of successions. 3. The approval
umpire
umpire. An impartial person appointed to make an award or a final decision, usu. when a matter has been submitted to arbitrators who have failed to agree. • An arbitral submission may provide for the appointment of an umpire. — Also termed (in Scots law) oversman. [Cases: Arbitration 36. C.J.S. Arbitration §§ 59, 61–62.]
honorable engagement clause
honorable-engagement clause. Reinsurance. An arbitration provision in a reinsurance contract allowing the arbitrators to view the reinsurance arrangement reasonably — in line with the agreement’s general purposes — rather than strictly according to the rules of law or an overly technical interpretation of contract language. [Cases: Insurance 3626. C.J.S. Insurance § 1516.]
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essence test
essence test. Labor law. A test under which an arbitrator’s interpretation of a collective-bargaining agreement must be upheld if it derives in any rational way from the agreement, viewed in light of the agreement’s language, its context, and any other evidence of the parties’ intention. [Cases: Labor Relations 462. C.J.S. Labor Relations § 476.]
Spielberg doctrine
Labor law. The policy of the National Labor Relations Board to defer to an arbitrator’s decision regarding a contract dispute if (1) the decision is not repugnant to the National Labor Relations Board, (2) the arbitration proceedings provided a hearing as fair as would have been provided before the NLRB, and (3) the contract requires
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manifest disregard doctrine
manifest-disregard doctrine. The principle that an arbitration award will be vacated if the arbitrator knows the applicable law and deliberately chooses to disregard it, but will not be vacated for a mere error or misunderstanding of the law. [Cases: Arbitration 63. 1.]
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hague tribunal
Hague Tribunal. Int’l law. A permanent court of arbitration established by the Hague Peace Conference of 1899 to facilitate immediate recourse to arbitration to settle international differences. • The court was given jurisdiction over all arbitration cases, unless the parties agreed to institute a special tribunal. An international bureau was likewise established to serve as