engleski

Arbitration Courts and Personal Capacities of Arbitrators in Roman Law

Arbitration courts in Rome were not institutionalised or permanent as is foremost the case with modern courts. Dispute resolution outside the ordinary jurisdiction in Roman law was of an ad hoc nature. It was an informal, private and self designed in most of its content, formally unsanctioned and institutionally undetermined proceedings distinctly adaptable to the parties and circumstances. Constitution, legal nature and practical operation of arbitral courts depended much on arbitrators and their personal qualities. Arbitrators were not the court, but though, tight connections existed between them. This paper briefly analyzes the legal nature of arbitral courts in Roman law and examines the specific influence that the personal identity and qualities of arbitrators had on that court and the whole process of the arbitral dispute resolution.

Roman law, arbitration, arbitral court, arbitrator, dispute resolution, arbitrium, iudicium

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