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A process initiated in ancient Rome. Horace, Tacitus and Ovid
all make reference in their writings to the arbiter as a non-lawyer
intervener in trade disputes.
In the middle ages in Europe the same principal was applied by
merchants who did much of their business travelling from country
to country to sell their goods in the great fairs and markets of
the civilized world. This method of business gave many of the fairs
an international character, and resulted in a degree of universality
to the legal rules, based on the customs of the merchants. In
particular, when disputes arose the merchants had need of speedy
justice according to their own customs and practice, resulting
in arbitration being applied without the need for lawyers.
From these early beginnings came the Rules of Arbitration applied
today by many Trade Associations, to govern the international
trade in commodities.
An award of arbitration, by a sole arbitrator or by a tribunal,
carries the weight of the law and is bound to be observed. In
support of this The United Nations New York Convention on the
Recognition and Enforcement of Foreign Arbitral Awards
(the New York Convention) was promulgated in 1957 to provide that signatory countries would
observe and apply in their countries arbitral awards issued
elsewhere. As at March 2005 a majority of nations had acceded
to the Convention so that parties who have been successful at
arbitration may be confident of having their award enforced -
albeit that the process is very slow in some countries.
Mediation
A non-binding process, seeking to reach a settlement by consensus.
It is facilitated by a trained and skilled mediator, with any
agreement effectively forming a new contract to be performed by
the parties in dispute. If settlement is not achieved, or
achievable, the parties (or the mediator) may close the hearing
and move to arbitration or litigation if they so wish.
As a Chartered Arbitrator and Mediator Peter Brown is available
to be appointed as an arbitrator or mediator, or as the
representative (advocate) for parties in commercial disputes.
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