Arbitration

Not only does he appropriate the land north of Agora, but he also orders you in his present letter to settle by arbitration any disputes you have with the Cardians to the south of Agora—the Cardians, who are settlers in your own territory!

As for the places held by you which he took in time of peace, violating the terms and breaking his engagements, since he has not a word to say but is clearly convicted of injustice, he expresses his willingness to refer the question to a fair and impartial court.

Then again he says that he has sent envoys to arrange with you an inter-state legal compact, and that this compact will be valid, not as soon as it is ratified by the body of Athenian jurors, as the law directs, but only after it has been referred to him, thus constituting himself a court of appeal from your decision.

Now I prefer to pass over many complaints that I might justly make, but I admit that I am helping the Cardians, for I was their ally before the peace, and you refused to submit your claim to arbitration, though you were often pressed to do so by me, and not infrequently by the Cardians.

Also reflect how unreasonable it is that Athenians should force Thasians and Maronites to submit to arbitration about Stryme, but should not themselves in this way settle with me the points on which we are at variance, especially when you realize that, if you lose the verdict, you will sacrifice nothing, and if you win it, you will gain territory which is now in my possession.

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;

Aristotle says that “an equitable and moderate man will have recourse to arbitration rather than to strict law, adding as a reason, because an arbitrator may consider the equity of the case, whereas a judge is bound by the letter of the law.

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.

—Such kind of arbitration being common among individuals and subjects of the same empire, it is recommended by St.

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.

The arbitrators said, that if they could effect a compromise without putting themselves under an oath, they would do so;

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.

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;