Settlement of Disputes by Arbitration in Fifteenth-Century England

1984 ◽  
Vol 2 (1) ◽  
pp. 21-43 ◽  
Author(s):  
Edward Powell
Keyword(s):  
Fifteenth Century ◽  
Dispute Resolution ◽  
Dispute Settlement ◽  
Common Law ◽  
Legal Institutions ◽  
Central Task ◽  
History Of ◽  
The Common ◽  
Settlement Of Disputes ◽  
Precocious Development

The history of arbitration procedures and extra-judicial forms of dispute settlement in medieval England remains largely unwritten. This neglect is no doubt attributable to the precocious development of the common law, which has monopolized the attention of English legal historians and left them little time to consider alternative forms of dispute resolution. Their main preoccupation, epitomized in the work of great scholars such as Maitland, Holdsworth and Plucknett, has been to trace the evolution of legal institutions, procedures and doctrine. Consideration of arbitration has at best been regarded as peripheral to this central task.

Arbitration and the Growth of Urban Liberties in Late Medieval England

1992 ◽  
Vol 31 (3) ◽  
pp. 205-235 ◽  
Author(s):  
Lorraine Attreed
Keyword(s):  
Fifteenth Century ◽  
Middle Ages ◽  
Dispute Settlement ◽  
Common Law ◽  
Late Medieval ◽  
Financial Investments ◽  
The Common ◽  
Late Medieval England ◽  
The City ◽  
Shed Light

In December 1448, the city of Exeter agreed with the bishop and dean and chapter of the cathedral church to abide by the arbitration of two local magnates who settled a complex dispute over urban jurisdiction. That the arbitrators decided against the city, which suffered a slight constitutional setback as a result, is only one of several important conclusions to be drawn from a study of the dispute and its resolution. The nature of the argument and the procedures by which both parties sought to resolve it shed light on the character of urban constitutional growth in the later Middle Ages, on legal procedures and what medieval people thought about the law, and on the lengths they were willing to go to assure a decision that was as favorable as possible without poisoning relations between two institutions that coexisted within city walls. The case also illustrates the important role arbitration played in dispute settlement and reveals this method to be as viable an alternative as recourse to the common-law and equity courts of the royal government.Exeter's case is unique in that so much written evidence survives to testify to the financial investments and political aims of both parties involved. Comparisons will be drawn to other boroughs that endured similar jurisdictional disputes in the fifteenth century, but their evidence is far less revealing of decision and motivation than that remaining for Exeter. Although many of the major documents associated with the case have been in print for over a century, and examined in some detail in a brief monograph published over fifty years ago, the nature of the records has focused more attention on the city's participation than on that of the cathedral.

NAFTA Dispute Settlement and Mexico: Interpreting Treaties and Reconciling Common and Civil Law Systems in a Free Trade Area

1996 ◽  
Vol 33 ◽  
pp. 75-122
Author(s):  
J.C. Thomas ◽  
Sergio López Ayllón
Keyword(s):  
United States ◽  
Dispute Settlement ◽  
Common Law ◽  
Civil Law ◽  
Free Trade Area ◽  
The United States ◽  
Trade Area ◽  
History Of ◽  
The Common ◽  
Panel Review

SummaryThe first NAFTA Chapter 19 binational panel review of a Mexican antidumping determination raises important questions about the interpretation of treaties. In confronting the different way in which Mexico, a civil law country, had implemented NAFTA, the panel had to deal with a process of implementation different from that in the common law jurisdictions of Canada and the United States. The authors argue that in interpreting NAFTA, the panel relied on the negotiating history of one party, the United States, to reach a conclusion that did not represent the intentions of the three parties, and led to the exercise of a jurisdiction by a Chapter 19 panel in respect of Mexico that ü different from that exercised by Chapter 19 panels reviewing determinations from the other two NAFTA parties.

A History of Religious Arbitration

2017 ◽  
Author(s):  
Michael J. Broyde
Keyword(s):  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
Common Law ◽  
Religious Groups ◽  
Western Tradition ◽  
History Of ◽  
The Common ◽  
Religious Courts

This chapter focuses on the premodern use of religious courts to resolve ecclesiastical disputes within Western societies. Religious arbitration is by no means a new mechanism. It dates back hundreds of years. Societal acceptance of religious courts operating within the broader secular legal system is thus deeply ingrained in the Western tradition and in the common-law tradition that formed the bedrock of American jurisprudence. The history of religious arbitration in Western societies is important because it helps contextualize and explain long-standing social, political, and legal comfort with religious groups engaging in various forms of alternative dispute resolution separate but not entirely outside societal laws. However, although its deep historical roots indicate that religious arbitration has stood the test of time, various practices and experiences associated with early forms of religious dispute resolution have led many people to become skeptical and wary of its place in modern secular societies.

Common Law Constitutionalism

2018 ◽  
Author(s):  
William E. Nelson
Keyword(s):  
Eighteenth Century ◽  
Seventeenth Century ◽  
Common Law ◽  
Legal Profession ◽  
Legal Institutions ◽  
Law System ◽  
The Common ◽  
Common Law System

This chapter shows how common law pleading, the use of common law vocabulary, and substantive common law rules lay at the foundation of every colony’s law by the middle of the eighteenth century. There is some explanation of how this common law system functioned in practice. The chapter then discusses why colonials looked upon the common law as a repository of liberty. It also discusses in detail the development of the legal profession individually in each of the thirteen colonies. Finally, the chapter ends with a discussion of the role of legislation. It shows that, although legislation had played an important role in the development of law and legal institutions in the seventeenth century, eighteenth-century Americans were suspicious of legislation, with the result that the output of pre-Revolutionary legislatures was minimal.

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