ABSTRACT: The use of arbitration as a dispute resolution mechanism is not a recent social phenomenon. Since the Assyrians, in 2000 BC, to the modern days, the basis of arbitration are being constructed side by side to the evolution of human society. As a consequence, the study of modern arbitration cannot be completed without the investigation of its historical evolution. Therefore, this article presents a brief comparison between the arbitration used in Roman Law and the modern arbitration. The source of arbitrators' powers, its limitations, as well as the effects of the choice of arbitration were subject to an investigation, which allows to conclude that the basis of modern arbitration can be found, in a such manner, in the private roman arbitration.
Revista Brasileira de Arbitragem