In Scotland an A. takes place in virtue of a written submission executed by the parties in favor of the chosen referee, who there is called an arbiter, instead of arbitrator, as in England; and his award is called a decree-arbitral. This submission is in the form of a regular deed, and is said to be general or special, according to the nature of the matters submitted by it, the submission specifying all the particulars of the reference, and the name of the referee—the arbiter's powers and duties, which, in the ordinary case, are of the most comprehensive character—the specification of the time within which the award or decree-arbitral is to be made—a clause obliging the parties to perform the award under a specified penalty; and other anxious pro visions, which are all carefully specified in the submission. The case then proceeds before the arbiter, generally according to the forms observed in the ordinary Scotch courts; and the arbiter makes his award in a very solemn manner, the decree-arbitral commencing with a recital .of the submission and of all the procedure—and after
stating that the arbiter has ripely considered the whole matter, and has "God and a good conscience before his eyes," it gives the arbiter's judgment, and among other things ordains the submission and decree to be recorded according to the clause of registration in the former, and the extract from the registry so made forms a judg ment which may be put in execution by either party against the other. The decree arbitral, like the submission itself, must be executed and attested in the form of a regular deed. Where there are two arbiters, the submission usually provides, that in the event of their in opinion, they shall name an umpire or oversman, as he is called in Scotland, whose judgment is final.
In conclusion, and as a remark on A. generally, it only remains to be stated, that of course, from the nature of the case, there can be no appeal on the merits of the dispute submitted to any public tribunal whatever.