‘In the hope to have judged a good sentence as merchants’

2021 ◽  
pp. 1-42
Author(s):  
Niels Fieremans
Keyword(s):  
Conflict Resolution ◽  
Fifteenth Century ◽  
Actual Practice ◽  
Judicial Proceedings ◽  
Ambivalent Attitude ◽  
Commercial Disputes

Summary Arbitration is a form of conflict resolution that was popular in commercial disputes in medieval times. Its informal nature and ability to mediate the shortcomings of the formal courts have made it the supreme example of merchants solving their own disputes. However, there has been relatively little inquiry into its actual practice. This article investigates the functions and practice of arbitration in medieval Bruges, where arbitration was frequently used as a form of conflict resolution. This was not because merchants preferred extra-judicial proceedings, but because arbitration was a necessary procedure to deal with the shortcomings of the judicial framework of the aldermen of Bruges. Arbitration was exercised as a specific consequence of the context in which Bruges found itself in the second half of the fifteenth century. This context, however, also undermined the procedure. The ambivalent attitude of the Bruges aldermen towards arbitration and its impossibility to appeal allowed some undertaking merchants to use the procedure to their own benefit, and not necessarily to the benefit of commerce.

Conflict resolution practice in public procurement: evidence from Russia

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Yuliya Rodionova
Keyword(s):  
Conflict Resolution ◽  
Large Scale ◽  
Public Procurement ◽  
Content Type ◽  
Conflict Situations ◽  
Judicial Proceedings ◽  
Survey Results ◽  
Conflict Handling ◽  
Informal Relations ◽  
First Time

Purpose This paper aims to analyze conflict resolution practice in public procurement. The specific feature of this sphere is the presence of the state and the resulting differences in assessing the chances of protecting one’s interests in court, as well as the effectiveness of judicial conflict resolution mechanisms. Design/methodology/approach This paper is based on the findings of a large-scale survey of suppliers conducted in 2017. To identify the characteristics of suppliers that use different conflict resolution mechanisms, probit-models were evaluated. For robustness check, combined mechanisms for resolving conflict situations were also considered and multi-nomial logistic regression was used. Findings The survey results showed that the majority of suppliers prefer to resolve conflicts in public procurement using an out-of-court negotiation with procurers while only 31% of respondents resort to judicial proceedings. At the same time, suppliers potentially involved in informal relations with procurers, are less likely to go to court and less often use negotiations. Practical implications The results of the study can be used as a justification for the development of a regulatory and organizational framework for the use of negotiations, mediation, arbitration and other alternate methods of conflict resolution in public procurement. Originality/value This paper makes an important contribution to the conflict-handling strategies of businesses and government by presenting for the first time a quantitative assessment of the prevalence of mechanisms for resolving conflicts in public procurement and factors influencing the choice of a conflict resolution mechanism.

scholarly journals التحكيم كحل بديل للمنازعات التجارية

2020 ◽  
Vol 1 (2) ◽  
pp. 59-68
Author(s):  
حاتم سعيد
Keyword(s):  
Effective Means ◽  
Economic Relations ◽  
Legal Nature ◽  
New Business ◽  
Judicial Proceedings ◽  
The Will ◽  
Alternative Solutions ◽  
Commercial Disputes

Arbitration is one of the alternative solutions for resolving commercial disputes. It is an exceptional way based on the will of the parties and the parties resort to it to resolve the dispute without the competent court. Arbitration is an old tool, but its importance has increased recently due to the development of trade and economic relations and the emergence of new business contracts, with increasing disputes in this area between contracting parties. The arbitrators are brought to arbitration for the characteristics of being a quick and effective means of settling commercial disputes, The arbitrators of one case, are aware of their technical assets. Thus, the length of judicial proceedings can be avoided. The dispute is settled by a final, neutral, secret and decisive ruling, which is an important consideration in commercial transactions. Opinions differed as to the legal nature of arbitration between nature (decadent, judicial, composite, independent).

scholarly journals Resolução Consensual de Conflitos e o Atual Código de Processo Civil: Mediação e Conciliação

2020 ◽  
Vol 20 (2) ◽  
pp. 60-65
Author(s):  
Anderson Vargas ◽  
Luiz Gustavo Liberato Tizzo
Keyword(s):  
Conflict Resolution ◽  
Civil Procedure ◽  
National Council ◽  
Procedure Code ◽  
The Social ◽  
Judicial Proceedings

Este trabalho pretende discutir sobre os métodos de resolução de conflitos presentes no atual Código de Processo Civil, com um foco maior nos institutos da mediação e conciliação. O estudo do conceito de mediação e conciliação traz a cidadania e a busca pela pacificação social pelos próprios envolvidos dos conflitos. O Conselho Nacional de Justiça e as legislações pertinentes tem buscado meios para um desafogamento do Poder Judiciário, porém muito mais do que buscar uma celeridade na solução dos processos, busca-se a pacificação social entre as partes de um conflito. A conciliação estava presente nos procedimentos judiciais, já a mediação, passa a ser mais presente, diante de sua institucionalização no Código de Processo Civil promulgado em 2015. Nesse trabalho demonstra a necessidade de mudança de cultura da sociedade e para que essa mudança ocorre o Poder Judiciário deve se reinventar e levar a sociedade as vantagens de resolver o conflito pela autocomposição entre as partes.  Palavras-chave: Código Processo Civil. Mediação. Conciliação. Autocomposição AbstractThis paper aims to discuss the methods of conflict resolution present in the current Civil Procedure Code, with a greater focus on the institutes of mediation and conciliation. The study of the concept of mediation and conciliation brings citizenship and the search for social pacification by those involved in the conflicts themselves. The National Council of Justice and the pertinent legislations have been looking for means for the Judiciary to be released, but much more than seeking speed in the solution of the processes, the social pacification between the parties of a conflict is sought. Conciliation was present in judicial proceedings, while mediation is now more present, given its institutionalization in the Civil Procedure Code promulgated in 2015. This work demonstrates the need for a change in society's culture and for this change to occur the judiciary must reinvent itself and bring society the advantages of resolving the conflict through self-composition between the parties. Keywords: Civil Procedure Code. Mediation. Conciliation. Self Composition

The Black-Letter Broadside Ballad

PMLA ◽  
1919 ◽  
Vol 34 (2) ◽  
pp. 258-339 ◽  
Author(s):  
Hyder E. Rollins
Keyword(s):  
Fifteenth Century ◽  
Actual Practice ◽  
Common People ◽  
Broadside Ballads ◽  
The Common ◽  
Black Letter ◽  
The Way

In actual practice the English broadside ballad did not exist before the introduction of printing; but it is not accurate to assert that “street ballads begin about 1540,” or even to call Skelton's ballad on Flodden Field (1513)—said to be the earliest printed street ballad extant—the beginning of the genre. Undoubtedly the ballad had begun to play an important rôle before 1500, and in its origin runs much farther back, far antedating the art of printing. To all intents the street ballad was matured as early as 1500; while satirical poems, invectives, lamentations, and short jocular and religious stanzas of a still earlier period have many of the features that characterize printed broadside ballads and unquestionably prepared the way for them. Early in the fifteenth century, writers of such ballad-poems tried to circulate them on manuscript broadsheets. Naturally, therefore, the advent of printing merely facilitated and increased the production of rimed broadsides, until, in the reigns of Mary and Elizabeth, they came to be the chief publications of the London press and the works most dear to the common people.

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