Legal Definitions - nullum fecerunt arbitrium

Nullum fecerunt arbitrium is a Latin legal phrase that translates to "they never submitted to arbitration" or "they made no award." Historically, this term referred to a specific defense used by a defendant in a lawsuit where the plaintiff was attempting to enforce an arbitration award. The defendant would raise this plea to assert that no valid arbitration ever took place, or that they never agreed to or participated in the arbitration process that supposedly led to the award.

• Example 1: The Uninitiated Arbitration Process

  A software development company (Plaintiff) sues a client (Defendant) to enforce an arbitration award for unpaid services. The client, however, argues that while their contract contained a clause mentioning arbitration for disputes, they never formally agreed to initiate the arbitration process, select an arbitrator, or participate in any hearings. They claim the plaintiff unilaterally proceeded without their consent or involvement.

  In this scenario, the client would historically use the defense of nullum fecerunt arbitrium to assert that no actual arbitration proceedings ever occurred with their participation or agreement, and therefore, no valid award could have been made or enforced against them.

• Example 2: Informal Discussions Versus Formal Arbitration

  Two business partners, facing a disagreement over profit distribution, held several informal meetings with a mutual acquaintance to try and find a resolution. One partner (Plaintiff) later attempts to enforce the "decision" reached during these meetings as a binding arbitration award. The other partner (Defendant) vehemently denies that these discussions constituted a formal arbitration.

  The defendant would historically invoke nullum fecerunt arbitrium, arguing that while discussions took place, they were merely informal negotiations or mediation attempts, not a formal arbitration process to which they submitted or agreed to be bound by an award. They deny that a formal arbitration ever "made an award" in a legally binding sense.

• Example 3: Disputed Agreement to Arbitrate

  A construction materials supplier (Plaintiff) seeks to enforce an arbitration award against a building contractor (Defendant) for alleged breach of a supply agreement. The contractor, however, contends that the specific contract under dispute did not contain an arbitration clause, or that they never signed any separate agreement to arbitrate this particular type of dispute with this supplier.

  Here, the contractor would use nullum fecerunt arbitrium to argue that because there was no valid agreement to arbitrate the dispute, they never "submitted to arbitration," and consequently, any purported award stemming from such a process is invalid and unenforceable.