Bemerkungen über die Haftung des Schiedsrichters im römischen Recht
Remarks on the Liability of Arbitrator in Roman Law

Summary/Abstract: This study examines the origins and legal nature of arbitrator liability in Roman law. It focuses on the receptum arbitrii – the arbitrator's declaration of acceptance – as a central element of a pre-state arbitration procedure based on voluntary agreement. The study analyzes both the private law and quasi-state aspects of Roman arbitration, in particular its contractual structure and the praetorian obligation to impose sanctions in the event of breaches of duty. In doing so, it highlights various dimensions of the meaning of the term arbiter, from the role of the bonus vir to that of the arbiter ex compromisso. The historical development of the arbitrator function is also traced in the context of the canonical legal system, emphasizing the continuity of Roman legal concepts. Finally, it is shown how the Roman model of arbitration has influenced modern regulations, in particular with regard to the liability and decision-making obligation of the arbitrator.

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