ARBITRATION, INTERNATIONAL. International arbitration is a proceeding in which two nations refer their differ ences to one or more selected persons, who, of ter affording to each party an opportunity of being heard, pronounce judgment on the matters at issue. It is understood, unless otherwise ex pressed, that the judgment shall be in accordance with the law by which civilized nations have agreed to be bound, whenever such law is applicable. Arbitration differs from mediation (q.v.) in so far as it is a judicial act, whereas mediation involves no decision, but merely advice and suggestions to those who invoke its aid.
An international arbitrator may be the chief of a friendly power, or he may be a private individual. When he is head of a state he is not expected to act personally; he may appoint a delegate or delegates to act on his behalf, and avail himself of their labours and views, the ultimate decision being his only in name. In civil arbitration an arbitrator cannot dele gate his office without express authority. The analogy between the two fails to hold good in another respect also. In civil arbitration. the decision or award may be made a rule of court, after which it becomes enforceable by writ of execution against person or property. An international award cannot be enforced directly ; in other words it has no legal sanction behind it. Its obligation rests on the good faith of the parties to the reference, and. on the fact that, with the help of a world-wide press, public opinion can always be brought to bear on any state seeking to evade its moral duty. The obligation of an ordinary treaty rests on precisely the same foundations. Where there are two or any other even number of arbitrators, provision is usually made for an umpire. (See
