Naslov
Risks Associated with Arbitration Ex Compromisso in Roman Law

Autori
Milotić, Ivan

Izvornik
Croatian arbitration yearbook (1330-6219) 23 (2016); 159-174

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

Ključne riječi
Roman law ; arbitration ex compromisso ; arbitral proceedings ; risk ; civil litigation

Sažetak
The Romans did not speak of an idea of procedural risk. Though, in the legal practice the Roman jurists clearly felt this phenomenon and discussed different situations in which it was manifested. Allocation of risk between the disputing parties was not comparable in Roman arbitration and civil litigation, which means that it had a significant role in parties’ decision whether to go to arbitration or to resolve their dispute conventionally – before the court. All phases of the arbitration ex compromisso where characterized by a certain type and degree of risk to which the disputing parties were exposed. This paper represents an overview of the main legal sources and situations in Roman law which were closely associated with the procedural risk. The paper provides analyses of risk associated with selection of arbitri, agreement terms in compromissum, time limits of the arbitral procedure, prohibitory clauses and arbitral award.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA