Also known as: umpires · umpired · umpiring · arbitrator · referee
Written by attorneys · grounded in primary & secondary sources — see below
An impartial person appointed to make an award or a final decision, usually when a matter has been submitted to arbitrators who have failed to agree. An arbitral submission may provide for the appointment of an umpire.
Usha Upton, a sitting state judge, received a request from two companies to serve as umpire in a contract dispute after their chosen arbitrators deadlocked. She declined the appointment because her official duties did not authorize her to act as an umpire outside the courtroom. The companies then selected a retired judge instead.
Uri Underwood served as umpire in an arbitration between Ultrasonic Dynamics and Union Steel. After the award issued, he joined a law firm that later sought to represent Ultrasonic Dynamics in related litigation. The opposing party objected because Underwood had participated personally and substantially as umpire, and no written consent had been obtained.
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Uliana Ustinova contributed to a judicial candidate's campaign with the goal of being considered for appointment as umpire in government contract disputes. The contribution was made to influence selection for that neutral role. Opposing counsel later challenged the appointment on grounds that the contribution undermined the appearance of impartial selection.
Ulric Unger, a lawyer with no prior relationship to either side, agreed to serve as umpire in a commercial dispute between Universal Motors and United Bank. He explained to the unrepresented parties that he was not acting as their lawyer and would help them reach a resolution as a neutral. The parties proceeded with the arbitration under his direction.
An administrative agency reviewing an environmental permit application received comments urging consideration of energy conservation alternatives. The agency conducted its own investigation rather than limiting itself to resolving the parties' contentions. A reviewing court later criticized the agency for exceeding its proper role as umpire in the administrative proceeding.
Ulf Ulfsson was appointed umpire under a collective bargaining agreement between a textile union and a manufacturing plant. When the parties' arbitrators could not agree on whether a work rule violation had occurred, Ulfsson issued a final award interpreting the contract. The award addressed the ongoing relationship between the union and the employer without awaiting court intervention.
An umpire typically serves when arbitrators have failed to agree and is appointed to render a final decision. The role is often provided for in the submission agreement itself.
A judge may not act as an umpire apart from official duties unless expressly authorized by law.
A lawyer may not represent anyone in a matter in which the lawyer participated personally and substantially as umpire unless all parties give informed consent confirmed in writing.
A lawyer may not seek to influence an umpire by means prohibited by law, including offering benefits tied to a pending proceeding.
…our freedom from political excitements in judicial duties, this court can never with propriety be called on officially to be the umpire in questions merely political. The adjustment of these questions belongs to the people and their political representatives, either in the State or general government. These questions relate…