Definition
A decreet arbitral is the formal award issued by arbitrators under Scots law, constituting the final written judgment or determination of an arbitration proceeding. It is the instrument by which arbitrators pronounce their decision and render it binding upon the parties. The decreet arbitral is not merely the substance of the arbitrators' finding but also encompasses the formal act of promulgating that award — the official declaration that gives the award legal effect. Once pronounced, it has the force of a decree and may be enforced accordingly.
Common Confusion
Researchers should not confuse the decreet arbitral with the decreet cognitionis causâ, a distinct form of Scots decree pronounced when a creditor seeks to constitute a debt against an heir who has renounced a succession. Despite the shared term "decreet," the two instruments arise in entirely different legal contexts — arbitration in the former, inheritance and debt constitution in the latter. Black's Law Dictionary places both terms in close proximity, which can mislead a researcher scanning quickly.
Why It Matters in Research
This term is almost exclusively a term of Scots law and does not map cleanly onto English common law or American legal concepts. Researchers working in pre-twentieth-century Scots legal materials will encounter the decreet arbitral as the operative instrument of arbitral finality — understanding that it functions as both the substantive award and the formal act of pronouncement is essential for reading those sources correctly.
The distinction between the award's substance and its formal promulgation matters in historical Scots practice. Bouvier specifically notes that the decreet arbitral describes not just the award itself but "the form of promulgating such award" — a procedural dimension that English-language dictionaries sometimes flatten or omit. This means a researcher parsing dispute records must attend to whether a decreet has actually been pronounced, not merely decided.
Modern researchers approaching this term through contemporary arbitration frameworks risk anachronism. The decreet arbitral predates the procedural architecture of the Federal Arbitration Act and international arbitration conventions entirely. It belongs to a distinct civilian-influenced legal tradition. Do not read modern enforceability standards backward onto historical Scots arbitral practice.
The primary cited sources — Kames's Equity, Erskine's Institutes, and Bell's works — are the core reference points. Researchers should go directly to those texts for doctrinal depth. Burrill cites Erskine's Institutes (Book 4, Title 3, Section 29) and Lord Brougham in Bell's Appeal Cases as authoritative on the term's technical operation; these citations are reliable entry points into the classical Scots sources.
Historical Dictionary Support
All three historical dictionaries — Black's, Bouvier's, and Burrill's — agree on the core definition: an award of arbitrators in Scots law. The variation is in depth. Burrill is the most citation-dense, directing researchers to Kames and Erskine. Bouvier adds the procedurally important gloss that the term encompasses the form of promulgating the award, not just its content — a distinction worth noting because it signals that the decreet arbitral has a performative as well as a substantive dimension. Black's is the most spare, defining the term in a single sentence before pivoting to the adjacent decreet cognitionis causâ entry.
None of the three historical dictionaries discuss enforceability mechanisms in detail, nor do they address what happens when a decreet arbitral is challenged or set aside. Researchers needing that level of doctrinal treatment must consult the primary Scots institutional writers directly, particularly Erskine and Bell.
Jurisdictional Note
The decreet arbitral is a term of Scots law with no direct common law equivalent. It does not appear in English, Irish, or American legal practice as a term of art. Researchers working in jurisdictions outside Scotland will encounter this term only when dealing with Scots parties, Scots-law-governed transactions, or comparative legal history.
Encyclopedia Cross-Reference
The Law Mind Civil Procedure & Evidence Encyclopedia, civpro_123: Arbitration — Federal Arbitration Act (9 USC) and Enforceability
The Law Mind Civil Procedure & Evidence Encyclopedia, civpro_124: Arbitration — Arbitrability, Delegation Clauses, and Unconscionability