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Litigation, Arbitration And Dispute Resolution Before The Session

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Chapter Summary

This chapter attempt to evaluate the reasons for deploying private methods such as arbitration in the first place, in order to understand the interaction between &t;public&t; and &t;private&t; forms of justice. It adduces evidence of why arbitration procedure was attractive to disputants and had utility even within the context of disputes already being conducted through litigation. The chapter is concerned more narrowly with identifying the nature and advantages of arbitration as one method commonly used in Scotland when disputes were resolved outwith judicial structures. The manuscript record of the Lords of Council and Session over the five year period around about the year 1532 provides the primary evidence for the discussion (i.e. 1529-1534). Arbitration could potentially have been a means of allowing a court to determine a dispute unconstrained by the normal formalities of procedure or jurisdiction.

Keywords: arbitration; dispute resolution; litigation; Lords of Council; session



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