„quod non possit iudiciarie terminari“ : Arbitration Landscape in the Late Medieval Swiss Confederation
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| Year of publication | 2023 |
| Type | Appeared in Conference without Proceedings |
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| Description | The paper deals with federation and alliances in the late medieval Swiss Confederation, where cohesion was established by leagues and common interests. From the 13th to the 15th century, the alliance landscape became so dense, that new treaties had to be carefully fitted into the existing hierarchy of alliances. Within the alliances, clauses on arbitration and its procedures took up more and more space. Thus, a dense network of a contractually defined "arbitration landscape" developed. (...) The focus is on a series of alliances between the two cities of Bern and Fribourg, which is used to illustrate the development of arbitration courts. The bilateral contracts of 1243, 1271, 1341, 1403 and 1454 show as an example how arbitration develops. Further examples from the surrounding Alpine and pre-Alpine regions demonstrate the widespread use, procedural differentiation and regional importance of arbitration courts. |
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