In Law Latin, “nullum arbitrium” signifies “no decision.” This term was previously employed in legal proceedings to enforce an arbitration bond and was a plea that rejected the existence of an arbitration award.
Nullum arbitrium is a legal term that signifies “no decision.” It is employed in situations where an individual attempts to enforce an arbitration bond, but the opposing party denies the existence of an arbitration award. For instance, suppose two individuals have a disagreement and agree to have an arbitrator determine the outcome. They enter into a contract stating their commitment to abide by the arbitrator’s decision. However, if one party refuses to accept the decision made by the arbitrator, the other party can utilise the plea of nullum arbitrium to argue that an arbitration award does exist and that the opposing party is not adhering to the terms of the contract.
Nullum Arbitrium is a Latin term that translates to “no discretion” in English. It refers to a legal principle that restricts the decision-making power of a judge or arbitrator to ensure impartiality and fairness in legal proceedings.
Nullum Arbitrium ensures that judges or arbitrators do not have unlimited discretion in making decisions. They must base their rulings on established laws, legal principles, and evidence presented during the proceedings.
Nullum Arbitrium is a fundamental principle of justice and cannot be waived by any party involved in a legal proceeding. It is a safeguard to prevent arbitrary or unfair decisions.
If a judge or arbitrator violates Nullum Arbitrium by making arbitrary or unfair decisions, their rulings may be challenged and overturned on appeal. The affected party can seek a review of the decision by a higher court.
Yes, Nullum Arbitrium applies to all types of legal cases, including civil, criminal, and administrative proceedings. It ensures that decisions are made based on the law and not on personal biases or preferences.
Nullum Arbitrium is a fundamental principle of justice and cannot be overridden by other legal principles. It is a core tenet of the legal system to ensure fairness and impartiality.
Nullum Arbitrium is closely related to the concept of due process, which guarantees fair treatment and procedural rights to individuals involved in legal proceedings. Both principles aim to prevent arbitrary or unfair decisions.
Nullum Arbitrium does not have any specific exceptions. However, judges or arbitrators may have limited discretion in certain areas where the law allows them to exercise judgment within defined boundaries.
Nullum Arbitrium itself cannot be directly challenged in court as it is a fundamental principle of justice. However, if a party believes that a judge or arbitrator has violated Nullum Arbitrium, they can challenge the specific decision through the appellate process.
Nullum Arbitrium restricts the decision-making power of judges or arbitrators to prevent arbitrary or unfair decisions. Judicial discretion, on the other hand, refers to the authority of judges to make decisions within the bounds of the law when interpreting statutes or applying legal principles.
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: 16th April 2024.
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