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Roman Arbitration: Concepts and Terminology

Settling disputes in arbitration in Roman law substantially differed from civil litigation. The parties to the dispute were prohibited to explicitly exclude judicial jurisdiction in their case, though, they could avoid trials by arranging arbitration and thereby not explicitly excluding eventual recourse to courts that may happen in that particular matter. Because until 3rd century AD the court proceedings and arbitrations were predominately private, many conceptual and terminological uncertainties arose when distinction between them was drawn. Roman arbitration itself was designated with only a few terms (arbitrium, arbitratus) which should be understood as the common denominators. These term surely do not adequately reflect wide range and varieties of these proceedings, or the complexity and their roles and functions, because at most occasions they were operated on the from case to case principle. This paper provides an insight into the Roman arbitration and its basic concepts which made it different from civil litigation. The author provides references to the vague nomenclature that constantly followed the dispute resolution in Roman law which was achieved outside the civil litigation.

arbitration, civil litigation, dispute resolution, Roman law, arbitrium, arbitratus

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