Arbitration, unlike criminal and civil jurisdiction, which operate with the force of the state, is invoked voluntarily by the disputing parties. It has neither been proven nor completely refuted that because of this lack of state influence arbitration represents the beginning of all jurisdiction (thus for Rome esp. [1]). In Roman sources in any case arbitration has an independent position alongside all three types of state trial ( ordo). There was also arbitration already in Greece (see diaitētai [1]).
The Roman compromissum (agreement of the parties to subm…