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INTERNATIONAL COMMERCIAL ARBITRATION

d Continental European civil law and arbitration practice. Aristotle said: "the arbitrator keeps equity in view, whereas the judge looks only to the law."

As early as the late Roman Republic, civil disputes might be referred by municipal officials, the praetors, either to judges or arbiters for resolution. Wolauer said "it was common among the Romans to put an end to litigation by means of arbitration." The Romans took over from the Greeks the idea of natural law but adapted it to the needs of an expanding empire. Slavery, for example, was contrary to natural law, but was nevertheless part of the ius civile, the commands of the state which had to be obeyed by all citizens. In his Institutes of the 6th century AD, the Emperor Justinian said "the law which each people has established for itself is particular to that state and is styled civil law [ius civile] . . . but what natural reason has established among all men is observed equally by all nations and is designated ius gentium." Friedmann said "the ius gentium was the embodiment

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INTERNATIONAL COMMERCIAL ARBITRATION. (1969, December 31). In LotsofEssays.com. Retrieved 01:12, April 18, 2024, from https://www.lotsofessays.com/viewpaper/1702324.html