Sul fenomeno arbitrale nell’esperienza olandese: da Proculo alla Corte Permanente di Arbitrato

Abstract

[On the Arbitral Phenomenon in the Dutch Experience: from Proculus to the Permanent Court of Arbitration] The contributions of the Roman Law in the field of arbitration are well known, as regards the creation and evolution of doctrinal and legislative bodies of most of the European States. The Elegant Dutch School found interesting solutions with regard to the difference between arbiter and arbitrator and to the framing of the transactio. These theories were based on the principles of the Roman Law which were adapted to the practice and local uses of that period of time. The result was a smart combination of ius Romanum and ius proprium in order to strengthen relationships. All this was aimed at favouring freedom for the parties and short trials.