Page:The Green Bag (1889–1914), Volume 21.pdf/603

 The Lawyers'

Court of Compulsory Arbitration

THE new Lawyers' Court of Compulsory Arbitration of Allegheny county (Pitts burgh), Pa., seems to be working to the satis faction of the Allegheny County Bar Asso ciation. A committee of the Association reported October 1 that the new Court had saved the work of the judges and of the Com mon Pleas Courts in cases tried and settled without appeals. It had also had a deterrent effect upon unmeritorious litigation. Between June 23 of this year, when the first set of arbitrators was appointed, and September 30, eighty-three cases had been docketed, forty-nine of which were tried, twelve settled, four abandoned and eighteen pending. One hundred and thirty-four attorneys practised before the Court. Of all the cases tried appeals were taken in less than one-quarter, a percentage of twenty-three. The procedure in this court is marked by simplicity. Counsel waits until the cause is regularly at issue in the Common Pleas, by the filing of the plea when necessary, and is entered in the issue docket. This prevents loss of time in case an ordinary trial in the Common Pleas is subsequently made neces sary by an appeal from the decision of the Lawyers' Court, as the case retains its place on the issue docket. Counsel for either party can refer the case to the Lawyers' Court by getting from the Prothonotary, on payment of a nominal fee, a rule to choose arbitrators. The rule must be served on opposing counsel or party at least fifteen days before the date fixed for the selection of arbitrators. The Prothono tary will fix any date counsel suggests if it is within thirty days after the rule is issued. If opposing counsel declines to accept service, which has been rare, proof of service is by affidavit of the party who made the service. At the time fixed for choosing arbitrators counsel who took out the rule must attend. Usually counsel for both parties have been ready to leave the nomination of arbitrators in the hands of the Prothonotary, who chooses them from the official list. But under certain conditions some person other than Official Arbitrators can be named, so long as there are at least two Official Arbitrators in the case.

The Prothonotary then issues the rule to refer, which fixes the. time* and place for the first meeting of the arbitrators, which must be held in not less than ten nor more than twenty days. At that time the arbitrators must meet and be sworn; failing in this their award will be void. It has been found in practice that at least two of the Official Arbitrators attend, and that counsel indorse an agreement to proceed before the two if the third is absent. The Official Arbitrators then try the same case in exactly the same manner as it would proceed before a judge and jury. The Official Arbitrators usually announce their awards within a few minutes after the trial. They may, however, adjourn the case; if they do not, their award must be filed within seven days. Either party may appeal from an award within twenty days, and this he does by making affidavit that the appeal is not taken for the purpose of delay, and so on, by paying costs accrued to that time, including witness and arbitration fees, and by giving bail for future costs. If no appeal is perfected within the twenty days exception may issue as on any other judgment. The probability is that the practice in the Lawyers' Court will be strengthened consider ably by the adoption of additional rules for which the more earnest advocates of the court are working. One of these proposed rules is so framed as to allow litigants to have questions of law certified by the Official Arbitrators, so that such questions of law can be passed upon by the Common Pleas without re-trying ques tions of fact. Some doubts are likely to be thrown on the Lawyers' Court of Compulsory Arbitra tion as possibly interfering with the right of trial by jury in civil cases, and as improp erly restricting appeals. J. McF. Carpenter of Pittsburgh has prepared a brief and argu ment for the committee of the Allegheny County Bar Association, in which he quotes from high authorities to show that the pur poses of the Lawyers' Court are legal and laudable. He urges that the Official Arbi trators also be clothed with power to hear