Abstract
This article analyzes the presence of arbiters (louvados, in portuguese tradition) in commercial disputes based on the measures taken by the Portuguese illustrated reformism. First, we discuss how they were conceived and how they were affected by the discussion of a modern conception of justice. Secondly, their role in litigations involving traders, specifically among those who had appeals forwarded to the Board of Commerce (Junta do Comércio). Our hypothesis is that by representing a justice between peers (lay people), the arbiters (and arbitrators) would reinforce an illustrated anti-formalist discourse in relation to justice, as well as their corporate sense, being used with specific functions and at different moments in the trials.
Keywords:
arbitration; mercantile justice; conservative judge