Arbitration
idea · 5 works · 5 mentions · 7 anchored passages
arbitration · arbitrate · court of appeal · fair and impartial court · mediation · submit to arbitrators · the arbitrators' decision · trial · umpires · verdict
in the texts
On Halonnesus
The proposed referral of disputes to external or appellate judgment, criticized as surrendering clear Athenian rights.
Philip’s insolence is carried so far that he says that if the Cardians decline arbitration, he will be responsible for coercing them;
In the first place, he expects Athenians to refer to arbitration, as against this upstart from Pella, the question whether the islands are yours or his.
But if and when you submit your dispute with the Cardians to arbitration, to decide whether the land is yours or theirs, why not extend the principle to the other states of the Chersonese also?
Philip’s Letter
Peaceful third-party adjudication repeatedly proposed by Philip as an alternative to war.
I repeatedly demanded a trial, but you paid me no attention, and the Peparethians occupied the island.
Conscious of this, I challenged you to submit our claims to arbitration, so that if the island was adjudged to be mine, I might give it to you;
In spite of this provocation, I kept my hands off the fleets and the territory of your state, though I was strong enough to seize most, if not all, of these, and I have not ceased to appeal to you to have the points in dispute between us settled by arbitration.
The Rights of War and Peace
The practice of submitting disputes to a chosen arbiter or mediator, discussed at length.
—Such kind of arbitration being common among individuals and subjects of the same empire, it is recommended by St.
Livy in his account of some disputed points between the people of Carthage and Masinissa, says, “The Ambassadors did not change the right of possession.
There are two kinds of arbitration, the one of such a nature that it must be obeyed whether the decision be just or unjust, which, Proculus says, is observed when, after a compromise, recourse is had to arbitration.
On the Estate of Dicaeogenes
The Athenian practice of submitting a legal dispute to private arbitrators, sworn to abide by their decision, as an alternative to further litigation; invoked here when Leochares' own arbitrators refused to render the sworn verdict they had promised.
The arbitrators said, that if they could effect a compromise without putting themselves under an oath, they would do so;
We, just as though we had suffered only slight injuries, agreed to this and submitted the matter to four arbitrators, two of whom were nominated by us and two by our opponents.
Yet Diopeithes, one of the two arbitrators, was brother-in-law of Leochares here and a personal enemy of mine, and had been my opponent in other actions regarding contracts, while Demaratus, his colleague, was a brother of Mnesiptolemus, who acted with Leochares as surety for Dicaeogenes (III.
History of the Peloponnesian War
The proposed diplomatic-legal procedure for settling the dispute over Scione's revolt, offered by Sparta and refused by Athens.
offering, at the same time, to let the question be decided by arbitration.
The Athenians, however, did not wish to run the risk of arbitration, but to send the expedition as quickly as possible;