The Resolution of Commercial Conflicts in Bruges, Antwerp, and Amsterdam (1250–1650)
The Resolution of Commercial Conflicts in Bruges, Antwerp, and Amsterdam (1250–1650)
This chapter presents a broad survey of different ways in which commercial conflicts in long-distance trade were resolved in northwestern Europe between 1250 and 1650. Different kinds of courts—linked to fairs, local, consular, and finally national—played a role in contract enforcement. As the needs of merchants changed, the role played by different courts changed as well. Increasingly local courts took over the function of specialized consular courts, which previously had catered for the needs of alien merchants in. The discussion notes that this process is the result of a growing convergence of business practices, creating a more comprehensive set of contracting rules shared by the merchant community at large. It also demonstrates that even the procedures for arbitration were increasingly formalized, with arbiters often drawn from legal professionals and arbiters' decisions made legally binding.
Keywords: long-distance trade, fair courts, consular courts, arbitration
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