Legal Definitions - alto et basso

Alto et basso is a Latin legal phrase meaning "from high to low." In a legal context, it describes a situation where parties involved in a dispute agree to submit completely and unconditionally to the decision of an arbitrator, mediator, or court. This means they commit to accepting the final judgment, whatever it may be, without reservation or the possibility of further appeal.

When parties agree to resolve a matter alto et basso, they are essentially giving the decision-maker full authority to determine the outcome, from the most favorable to the least favorable possible result, and they promise to abide by that determination.

• Example 1 (Business Dispute): Two competing software companies, InnovateTech and CodeWorks, are embroiled in a patent infringement lawsuit. To avoid years of costly litigation, they agree to enter into binding arbitration. Their arbitration agreement explicitly states that they will submit to the arbitrator's decision alto et basso. This means both companies have committed to accepting the arbitrator's final ruling on all aspects of the dispute, whether it involves a large financial award, a specific licensing agreement, or a complete dismissal of claims, without any further appeals or challenges.
• Example 2 (Family Inheritance): Following the passing of a wealthy relative, two cousins, Maria and David, find themselves in a disagreement over the division of a unique art collection specified in the will. Rather than engaging in a family feud or court battle, they decide to appoint a neutral art appraiser and agree to abide by her binding decision alto et basso. This signifies their mutual commitment to accept the appraiser's final determination regarding the collection's value and division, from the most prized pieces to the least, without attempting to renegotiate or challenge the outcome in court.
• Example 3 (Construction Contract): A homeowner and a construction company are in a dispute over the final payment for a new home build, with the homeowner claiming defects and the company demanding full payment. To avoid litigation, they agree to a professional mediator's binding decision. By agreeing to resolve the matter alto et basso, they are both promising to accept the mediator's final judgment on the payment amount and any required remedial work, whether it favors the homeowner's claim for a reduction or the contractor's demand for full payment, thereby concluding the dispute definitively.