To most laymen, arbitration suggests referring a dispute to a third party to apply palm-tree justice instead of the law of the land. To a lawyer, however, it means referring a case to a person to decide according to law, but untrammelled by the normal rules of court etiquette and legal procedure. Sometimes a law-suit begun in the usual way is referred to a judge or other court official to hear informally as an arbitrator. As we have seen, this is extensively done with small claims in the county court, and the High Court does something similar with its Official Referees' business; it is also possible for a judge of the Commercial Court to sit as an arbitrator. Generally, however, ‘arbitration’ means a voluntary submission by the parties of their dispute to the judgment of some person who is neither a judge nor an officer of any court. The agreement to arbitrate is generally made in writing, and it may be made either after the dispute has arisen, or in anticipation of any disputes that may arise. Clauses providing for arbitration are common in many commercial contracts and in insurance policies. The agreement, known as the ‘submission to arbitration’, will normally name the arbitrator or provide for some method of appointing him.