A brief introduction to Hungarian arbitration law

Abstract

The antecedents of modern arbitration–similarly to several institutes of modern private law–can be found in Roman Law, where arbitration was considered as a way of private dispute resolution. As a leading source in Roman law we can refer to D. 4, 8, which has the following title: De receptis: qui arbitrium receperint ut sententiam dicant. When analyzing the features of arbitration in Roman Law, special attention should be paid to the term of compromissum, which meant the settlement of the parties to submit themselves to the jurisdiction of an arbitrator, who was called arbiter ex compromisso. The term of compromissum on the field of arbitration still plays a particular role in several jurisdictions in Latin America. Concerning the appointment of the arbitrator in Roman law, the most important source in the Digest is perhaps the following sentence: “Arbiter ex compromisso sumptus cum ante diem, qui constitutus compromisso erat, sententiam dicere non potest.” This regulation means that the arbiter ex compromisso cannot judge the case before the parties reached a consensus regarding the appointment of the arbitrator. This rule highlights the importance