engleski

Intervention of Public Authorities in Arbitral Proceedings in Roman Law

Certain forms of arbitral proceedings in Roman law were opened to interventions of public authorities. The intervention and its reach ranged from a slight praetorian oversight which did not change their private natures to full public control which was exercised when the Roman state enforced its own or public interests by means of arbitration. Most of arbitral proceedings that we have records of remained private while the intervention of public authorities was directed to arbiter to ensure the rendering of award and that the dispute was resolved. In most cases interventions of public authorities in private arbitrations were guided by appropriateness, reasonableness and the minimalistic interference. This paper puts forth an overview of the arbitral proceedings in Roman law in which to some extent the public authorities exercised their powers. It also provides an analysis of reasons, reach and exceptions to such interventions. Moreover, it examines purposes that the Roman authorities intended to achieve by means of such interventions.

arbitration, Roman law, public authorities, praetor, dispute resolution

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