An arbitralcourt of justice, to be erected in Costa Rica and composed of one judge from each nation, was to decide all matters of dispute which could not be adjusted through ordinary diplomatic means.
Arbitral tribunals are created to decide points in dispute, not philosophies of human action.
This step was hailed by the public as going a long way towards the settlement of labor disputes by arbitral boards.
At the beginning of the strike Mitchell, as president of the Union, announced that the miners were eager to submit all their grievances to an impartial arbitral tribunal and to abide by its decisions.
These quarrels regarding the claims of rival unions reveal the weakness of the Federation as an arbitral body.
There had been two abortive attempts to do so through arbitral commissions, which failed through lack of jurisdiction.
The Identic Circular Note also proposed that the International Prize Court when established should be endowed with the functions of an Arbitral Court of Justice under and pursuant to the recommendation adopted by the last Hague Conference.
The long-pending boundary dispute between the Argentine Republic and Chile was settled in March last by the award of an arbitral commission, on which the United States minister at Buenos Ayres served as umpire.
Such a tribunal might well become a court of first as well as of last resort, because of the difficulties and delays usually experienced in making up the mixed arbitral commissions from the eligible list of the Court of Arbitration.
The thirty-five articles relating to "arbitral procedure" fail to prescribe rules, leaving this task to the tribunal in each case.
And the arbitral awards of the tribunals in which America participated have in every case been final.
But the chief defect of these arbitral tribunals, as in all others--for practice has not reached the perfection of choosing disinterested judges belonging to nations not concerned in the controversy--lies in their temptation to compromise.
The United States has proposed to the Powers that the Prize Court be invested with the functions and jurisdiction of a Court of Arbitral Justice.
The very existence of an Arbitral Tribunal before which differences may be brought, itself insures that most differences will be adjusted without its agency.
The values involved in American arbitral proceedings have been enormous.
Discussions in the sub-committee revealed a divergence of view as to whether or not sanctions should be applied in the event of passive resistance to the award of the Arbitral Commission.
Arbitration is to be compulsory at the request of one of the parties, and the Council is given power to appoint the arbitral body if the parties cannot agree as to its constitution.
The signatory States undertake that they will carry out in full good faith any judicial sentence or arbitral award that may be rendered and that they will comply, as provided in paragraph 3 above, with the solutions recommended by the Council.
In cases where neither the arbitral procedure nor the judicial settlement provided for in Article 13 of the Covenant is applied, the Council meets and discusses the dispute, attempts to effect conciliation, mediation, etc.
It denotes that the parties prefer the Council's decision to an arbitral award.
On one side it was urged that the Council, when acting as anarbitral body, should make its decisions by a majority vote; on the other, strong exception was taken to any departure from the unanimity rule.
Germany shall restore or pay for all private enemy property seized or damaged by her, the amount of damages to be fixed by the mixed arbitral tribunal.
Disputes may be settled by arbitration by the courts of the debtor country, or by the mixed arbitral tribunal.
Members agree to carry out an arbitral award and not to go to war with any party to the dispute which complies with it.
The award is not of such a kind as one would expect from a Court of Justice, although it may be an excellent specimen of an arbitral decision.
A matter that has given rise to much speculation is the jurisdiction of arbitral tribunals.
And so will doubtless ensue a growth of "international judge-made law and equity" which will gradually work an extension of the arbitral jurisdiction into fields at present unknown to the law of nations.
If the list of arbitral decisions hitherto given be examined it will show that questions of the first sort above are those which have thus far been submitted to judicial settlement.
Brezet, who comes to France, in spite of the sentence of the arbitral tribunal, as President of a State which is described by all competent authorities as a pseudo-republic, summarily wiped off the map as an independent State.
As a rule thearbitral procedure is divided into the two distinct phases of written pleadings and oral discussions.
As, however, no such central authority exists above the States as could execute the verdict against a State refusing to submit, it is in such a case the right of the other party to enforce the arbitral decision by compulsion.
This rule is adopted from the arbitral award in the case of the General Armstrong.
Procedure of and before the Arbitral Tribunal 27 22.
The parties may agree upon such rules ofarbitral procedure as they like.
This Report is absolutely limited to a statement of the facts, it has in no way the character of an Arbitral Award, and it leaves to the parties entire freedom as to the effect to be given to the statement of the facts (article 35).
The arbitral award is given after a deliberation which has taken place behind closed doors, and the proceedings remain secret (article 78).
Sidenote: Procedure of and before the Arbitral Tribunal.
Yet it is obvious that an arbitral verdict is binding only under the condition[16] that the arbitrators have in every way fulfilled their duty as umpires and have been able to find their verdict in perfect independence.
An arbitral verdict is final if the arbitration treaty does not stipulate the contrary, and the verdict given by the arbitrators is binding upon the parties.
Germany shall compensate any third party who may be prejudiced by any restitution or restoration ordered by the Mixed Arbitral Tribunal under the provisions of the preceding paragraphs of this Article.
Each of the Governments concerned shall appoint an agent who will be responsible for the presentation to the mixed arbitral tribunal of the cases conducted on behalf of its clearing office.
Each Mixed Arbitral Tribunal will settle its own procedure except in so far as it is provided in the following Annex, and is empowered to award the sums to be paid by the loser in respect of the costs and expenses of the proceedings.
In such cases the conditions shall be fixed by the Mixed Arbitral Tribunal referred to in Section VI.
The claims made in this respect by such nationals shall be investigated, and the total of the compensation shall be determined by the Mixed Arbitral Tribunal provided for in Section VI, or by an arbitrator appointed by that tribunal.
The party who is a national of an Allied or Associated Power may nevertheless bring the case before the Mixed Arbitral Tribunal if this is not prohibited by the laws of his country.
When the execution of the contract thus kept alive would, owing to the alteration of trade conditions, cause one of the parties substantial prejudice the Mixed Arbitral Tribunal provided for by Section VI.
If the number of cases justifies it, additional members shall be appointed and each Mixed Arbitral Tribunal shall sit in divisions.
Such questions shall be decided by the national courts in question, to the exclusion of the Mixed Arbitral Tribunal.
It is just among the old champions of the arbitral decision of international disputes that the most violent opposition is raised to the erection of a real court of justice for international law causes.
Sidenote: The proposed International Prize Court and Court ofArbitral Justice.
Whoever is a believer in the unlimited progress of civilization will also believe that a time must come when all states will freely bind themselves to submit all disputes to judicial or arbitral decision.
The proposed International Prize Court and Court ofArbitral Justice 42 53.
In this they may be right as regards a real arbitral decision given ex aequo et bono, but their arguments lose all force before the nakedly jural decision of a real court.
In the first place, an arbitral tribunal is not a court in the real sense of the word, for its decisions are not necessarily based on rules of law, and it does not necessarily deal with legal matters.
The Draft Convention for the Establishment of the Court of Arbitral Justice, as it was agreed the new court should be designated, was submitted to the Conference and its adoption recommended to the signatory powers.
The arbitral judgment is read out at a public sitting of the tribunal, the counsel and agents having been duly summoned to hear it.
Arbitral tribunals may have to deal with questions either of law or fact, or of both combined.
England or Ireland, and on decreets arbitral in Scotland.
The battle-field as a place of settlement of disputes is gradually yielding to arbitral courts of justice.
An arbitral court of justice shall be established by which international disputes are to be settled.
Increasingly cases have been submitted to arbitral decision.
No powerful nation will accept a subordinate position in the world because some arbitral body decides it may not adopt a certain policy.
Out of the obvious need of such coercion arises a whole series of plans to force recalcitrant nations to accept mediation, to delay hostilities and even to abide by the arbitral award.
But the spirit for arbitral settlement is widening.
Of what avail are our Courts ofArbitral Justice when this intolerable economic waste is permitted!
Just how this can be remedied I am not prepared to say, although possibly the international support of all arbitral tribunals might be provided.
The parties shall by agreement arrange for the submission of the controversy to arbitration mutually agreed upon, or to the Arbitral Tribunal hereinafter referred to.
The above list will hopefully give you a few useful examples demonstrating the appropriate usage of "arbitral" in a variety of sentences. We hope that you will now be able to make sentences using this word.
