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Constitution, Arbitration & Courts (Hardcover)
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Constitution, Arbitration & Courts (Hardcover)
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In "Constitution, Arbitration and Courts", arbitration is examined
as it began, as an extra-judicial mechanism for resolving disputes.
Private arbitration predates the public court system. The ancient
Sumerians, Persians, Egyptians, Greeks, and Romans all had a
tradition of arbitration. Communities introduced arbitration
systems intended to resolve their communal conflicts in accordance
with custom, equity and internal law. Arbitration threatened a
momentous basis of judicial business, as well as judicial jobs
linked to the courts' caseloads. Courts perceived the growing
status of arbitration as a favoured means for resolving business
disputes and as a threat to their power. Courts have managed to get
in the way of the arbitration process and to gain a role in
arbitration. Thus, courts have taken the role of the guardian of
public policy in a state, and so arbitration is considered not to
be a safe, independent and fully alternative dispute mechanism.
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