The phrase “Nullum fecerunt arbitrium” in Latin means “they never submitted to arbitration.” In legal cases where the enforcement of an arbitration award is being sought, the defendant can employ this plea to refute the existence of any arbitration.
Nullum fecerunt arbitrium is a Latin term that refers to the situation where “they never submitted to arbitration.” It is utilised in legal cases when the defendant disputes the occurrence of an arbitration in an attempt to enforce an arbitration award. For instance, in Example 1, two parties involved in a dispute agreed to have their case resolved by an arbitrator. However, one party refused to participate in the arbitration process. In such a scenario, the defendant can employ the plea of nullum fecerunt arbitrium to deny the existence of an arbitration. Similarly, in Example 2, a company and its employee had a disagreement regarding the terms of the employment contract. They opted to settle the dispute through arbitration. However, the employee later claimed that the arbitration was unfair and refused to comply with the decision. In this case, the company can utilise the plea of nullum fecerunt arbitrium to refute the employee’s claim. These examples demonstrate how nullum fecerunt arbitrium can be employed in legal cases where one party denies the occurrence of an arbitration. It serves as a defence mechanism to challenge the validity of an arbitration award.
Nullum Fecerunt Arbitrium is a Latin phrase that translates to “no one made a decision.” It refers to a legal principle that states that a decision or judgment cannot be made without proper authority or jurisdiction.
Nullum Fecerunt Arbitrium is often invoked when challenging the validity of a decision or judgment made by a court or administrative body. If it can be proven that the decision was made without proper authority, it may be deemed null and void.
Yes, if it can be shown that the prosecution or law enforcement acted without proper authority or jurisdiction, Nullum Fecerunt Arbitrium can be used as a defence to challenge the legality of the charges.
Yes, Nullum Fecerunt Arbitrium can be invoked in civil cases to challenge the jurisdiction or authority of a court or administrative body in making a decision or judgment.
The burden of proof lies with the party challenging the decision or judgment. They must provide evidence to demonstrate that the decision was made without proper authority or jurisdiction.
Yes, Nullum Fecerunt Arbitrium can be used to challenge a decision made by a higher court if it can be shown that the court acted without proper authority or jurisdiction in making the decision.
There may be certain circumstances where Nullum Fecerunt Arbitrium does not apply, such as when a decision is made by a court or administrative body with proper authority and jurisdiction.
To prove that Nullum Fecerunt Arbitrium applies, one must gather evidence showing that the decision or judgment was made without proper authority or jurisdiction. This may involve examining legal statutes, court rules, or administrative regulations.
Yes, Nullum Fecerunt Arbitrium can be used to challenge a decision made by a government agency if it can be shown that the agency acted without proper authority or jurisdiction.
If Nullum Fecerunt Arbitrium is successfully invoked, the decision or judgment in question may be declared null and void. This could result in the case being dismissed, a new trial being ordered, or the decision being overturned.
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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