Legal Definitions - de arbitratione facto

De arbitratione facto refers to a historical legal order issued by a court. Its purpose was to halt or prevent a lawsuit from moving forward when the underlying dispute had already been definitively resolved through a process called arbitration.

In essence, if parties had agreed to settle their disagreement through arbitration, and an arbitrator had already made a binding decision, a de arbitratione factowrit would be used to inform a court that it should not hear a new lawsuit on the same matter, as it had already been settled.

• Example 1: Business Contract Dispute

  Imagine two companies, "Tech Innovations" and "Global Logistics," had a long-standing contract that included a clause requiring all disputes to be settled by binding arbitration. A disagreement arose regarding a shipment delay and alleged breach of contract. They went through the arbitration process, and the arbitrator issued a ruling, determining that Global Logistics was not at fault. Tech Innovations, unhappy with this outcome, then attempted to file a lawsuit against Global Logistics in a civil court, seeking damages for the *same* shipment delay.

  How it illustrates the term: In a historical legal context, Global Logistics could have sought a de arbitratione facto writ. This writ would serve as a formal notification to the court that the dispute had already been fully and bindingly resolved through arbitration, thereby requesting the court to "stay" or stop the new lawsuit from proceeding.

• Example 2: Construction Project Disagreement

  Consider a homeowner and a building contractor who had a dispute over the quality of a newly constructed addition to a house. Their agreement stipulated that any disagreements would be resolved through binding arbitration. An arbitrator reviewed all the evidence, heard from both sides, and issued a decision stating that the construction met the agreed-upon standards. Despite this, the homeowner, still feeling aggrieved, decided to file a lawsuit against the contractor in court, alleging the *same* issues with the construction quality.

  How it illustrates the term: Historically, the contractor could have presented the arbitration award to the court and requested a de arbitratione facto writ. This writ would compel the court to recognize that the matter had already been adjudicated by a legitimate arbitration process, and therefore, the new court action should be halted or dismissed.

• Example 3: Partnership Dissolution Conflict

  Two business partners, Sarah and Mark, decided to dissolve their joint venture. Their partnership agreement included a mandatory arbitration clause for any disputes arising from the dissolution. They went through arbitration to divide assets and liabilities, and the arbitrator issued a comprehensive award outlining the final terms. A few weeks later, Mark, believing he received an unfair share, attempted to initiate a lawsuit against Sarah in court, seeking a different distribution of the *same* assets.

  How it illustrates the term: In a historical legal system, Sarah could have applied for a de arbitratione facto writ. By presenting the binding arbitration award, she would demonstrate to the court that the dispute over asset distribution had already been fully settled through the agreed-upon arbitration process, and thus the court should "stay" or prevent Mark's new lawsuit from moving forward.