De arbitratione facto is a legal term that describes a writ used to halt a legal action that has already been resolved through arbitration. This writ can be utilised to prevent any further legal action if two parties have already agreed to settle a dispute through arbitration.
De arbitratione facto is a legal term in Latin that signifies “of arbitration had.” It pertains to a legal order that halts an action that has already been resolved through arbitration. For instance, if two parties have a disagreement and opt to resolve it through arbitration, and the arbitrator makes a decision, the losing party may not be content with the outcome and attempt to pursue the matter in court. In such a scenario, the winning party can utilise the de arbitratione facto order to prevent the losing party from taking any further legal action. Another example is when a contract contains an arbitration clause, and one party breaches the contract, the other party can use the de arbitratione facto order to enforce the arbitration clause and prevent the breaching party from pursuing the matter in court. These examples demonstrate how the de arbitratione facto order can be employed to prevent parties from reneging on their agreement to settle a dispute through arbitration and instead resorting to litigation.
De Arbitratione Facto is a Latin term that refers to the arbitration of a fact, typically used in legal proceedings to resolve disputes over factual issues.
De Arbitratione Facto is used when there is a dispute over a factual issue in a legal case, and the parties involved agree to have the issue resolved through arbitration rather than through the court system.
The parties involved in the legal dispute, along with their legal representatives, can participate in De Arbitratione Facto.
Using De Arbitratione Facto can save time and money compared to resolving factual disputes through the court system. It also allows the parties involved to have more control over the resolution process.
Yes, the decision made through De Arbitratione Facto is legally binding, and the parties involved are required to abide by the decision.
De Arbitratione Facto is typically used in civil cases, but it can potentially be used in other types of legal cases as well.
The parties involved in the legal dispute can agree on an arbitrator, or they can use a third-party arbitration service to appoint an arbitrator.
If the parties cannot agree on an arbitrator, they may need to seek assistance from the court to appoint an arbitrator for them.
In most cases, the decision made through De Arbitratione Facto cannot be appealed, as the parties involved have agreed to abide by the decision as part of the arbitration process.
If you are interested in using De Arbitratione Facto to resolve a factual dispute in your legal case, you should discuss this option with your legal representative and the other parties involved to see if it is a viable option for your situation.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 25th April 2024.
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