ARBITRATION (ante). In the United States A. is under much the same laws as in England, but some recent decisions are noteworthy. The New York court of appeals holds as void an article in the constitution of a private society, which made certain mem bers a court to judge of violations of the rules, with power to forfeit the offender's rights in property; regular courts would not enforce the decision of tribunals organized by pri vate agreement, except where the person affected expressly agreed to submit the matter in dispute to A. Some states exclude certain matters from A., as in New York, where claims to life estates, whether in fee or in realty, cannot be submitted, the object of the law being to preclude from unlearned arbitrators questions despending upon strictly tech nical points. The old rule that married women could not enter into A., is practically obsolete, as most of the states have recently enacted laws which u women nearly onp the plane with men in the holding and disposition of property. The tquestion, whether one partner in business can bind another in an agreement to arbitrate , is not definitely settled, but the drift of authority is against such power, though it is held that the con tracting partner is bound, and the partner's refusal to fulfill the award may cost thereon tractor in damages. Forms of agreement are unimportant, and may be merely ve hal without written documents; and the omission of an arbitrator to be sworn is held as only an irregularity. Hearings in A. must be on notice to both sides; where they are void. If there is to be an umpire he must be chosen before the hearing. All the arbi trators must agree in the award, unless other provision is specially made, and awards must be specially conclusive and final. All states have laws provided for setting aside or overruling the decisions of arbitrators for partiality, fraud, or any misconduct, on appeal to a regular court; and courts may correct mistakes or other imperfections in awards. Some states provide that awards may be vacated for any legal defect. In a few states, laws provide that neither party shall revoke his submission to A. without consent
of the other; some provide that no"revocation shall ensue after the case has been sub mitted to the arbitrators upon evidence; in some states the rules are less stringent, and a party may revoke his consent at any time, incurring only the accrued costs, but this sel dom happens. Submission to A. suspends the right of suing on the pending cause of action, and a legal award bars the right of suit altogether. If awards arc honest and fair, the courts will not vacate them because of mere errors of statement. Justice Story gives decision that arbitrators may make their judgment on the principles of equity and conscience rather than on legal technicalities. In Pennsylvania, a party in a civil action may compel the submission of it to A., with or without the consent of the other party. In New York city there is a " board of brokers" in whose articles of association is a section providing for A. in certain cases. The courts have held that this section is noth ing more than an agreement in general terms to submit, and have declined an application to compel a member to such submission, since his refusal was merely an exercise of his power of revocation. A. in international affairs is of long standing, and growino. rapidly in favor. Some statesmen look to its general adoption as the happy substitute for war; but so far, questions of only secondary importance have been thus settled. One of the first in American history was the case of the privateer General Armstrong, in which the first Napoleon acted as arbitrator; and the latest and most important con cerned the United States—the " Geneva award," or the settlement of the " Alabama claims," against England. A treaty was concluded providing for five arbitrators, to be named by the president of the United States, the queen of Great Britain, the president of the Swiss republic, the king of Italy, and the emperor of Brazil. All the judgments were in favor of the United States, and all the arbitrators agreed except lord chief-justice Cockburn of England.