THE ORIGINS AND DEVELOPMENT OF INTERNATIONAL COMMERCIAL ARBITRATION AS A WAY OF DISPUTE SETTELMENT: THE TIMES OF ANTIQUITY AND THE MIDDLE AGES

Abstract

The article defines key preconditions and the first mentions of international commercial arbitration in the periods of antiquity and the Middle Ages. It has been found that the centuries-old history of the formation of international commercial arbitration is interconnected with the formation of the first states in antiquity. It was determined that there are two positions of scientists regarding the origins of international commercial arbitration. According to the first one, international commercial arbitration appeared long before the first state institutions. According to the second one, arbitration appeared at the same time as the state institutions. This can be confirmed by the fact that the arbitration, even in its original form, was an institution for private dispute resolutions when individuals did not want their dispute to be resolved by a specific state institution. The importance of the historical connection of arbitration (period of antiquity) as a general concept that had primary implementation and was used mainly to solve various everyday problems and conflict situations, is emphasized. On its basis, the commercial arbitration appeared, which was used mainly by merchants within one or more territorial areas. Later, realizing the advantages of using peaceful methods of settling the disputes, international arbitration arises, which includes a commercial component as well. It is summarized that in antiquity, the formation of international commercial arbitration took place, which was used by the heads of states who, abusing their status and authority, achieved their goals – to expand the borders of the states that belonged to them. Also the historical examples of the resolution of disputes containing commercial elements by arbitrators within the periods of antiquity and the Middle Ages were provided. It has been proven that some examples referred to by scientists in their researches may not always fall under the signs of the first commercial arbitrations. The strengthening of the role and status of religion and the church during the Middle Ages made it possible to allege the need to use peaceful methods of settling disputes, especially during periods of major religious holidays.