engleski

Competence of Roman Arbiter in Rendering the Decision

The aim of this paper is to analyze competences and role of the arbiter in different types of Roman arbitrations. Literature addresses the arbiter of Roman law as a person with wide competence and discretion in rendering the decision, which is often stressed as an essential difference between arbitration and judicial process. This paper will pay attention to differences in discretion and rendering the decision that arbiters had with regard to specific type of arbitration, arbitral agreement and type of the dispute. The paper will affirm the view that Roman law knew not of a universal concept of arbitration and, consequently, knew not of uniform competences and discretion the arbiters had in arbitral proceedings.

Roman law; competence of arbiter; ex lege arbitrations; administrative arbitrations; arbitrium/arbitratus boni viri; arbitrium ex compromisso

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