Naslov
Importance of Time Limits in the Roman Arbitration Ex Compromisso

Autori
Milotić, Ivan

Izvornik
Croatian arbitration yearbook (1330-6219) 19 (2012); 279-298

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
Roman law; arbitration ex compromisso; time; modicum tempus; arbitral procedure; arbitral award

Sažetak
Roman arbitration ex compromisso was always limited in time. Arbitral proceedings of this type were constrained by deadline which could be set either in the arbitral agreement (compromissum) or by arbiter’s decision if the disputing parties had previously missed to define it for any reason. Criterion of time was one of the major and most recognizable institutional differences between civil litigation and arbitration. Time limits of arbitration ex compromisso referred to the arbitral proceedings in whole, which includes rendering and execution of the arbitral award. If the time limits were disobeyed by an arbiter, i.e. if an arbiter went beyond the temporal limits, the arbitral award would be inexistent. Time limits set within the Roman arbitration ex compromisso had multiple and complex functions by which arbitral proceedings reached its genuine goal to lessen risk and unpredictability of the process of dispute resolution

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA