Abstract

ZAPPALA, Francesco. Historic universalism of arbitration. Vniversitas [online]. 2010, n.121, pp.193-216. ISSN 0041-9060.

Arbitration is earlier than state administration of justice. The practices to submitting a dispute to another person, with a prior acceptance of mandatory sentencing, existed before state court. Subsequently, improving the organization of society allows the creation of the judicial institution. Although the modern state, the judiciary not supplanted the arbitration, which has remained in full force and action in the current legal system, given the quality of the legal institution, which in some cases is the only one who can settle disputes legal, as in the field of international trade actors in the field of globalization. The document is a product of theoretical reflection in the context of an investigation into the principles of uniformity of international commercial arbitration, with its historical approach to the legal institution of arbitration. The main deduction is a historical constant belief in the need of arbitration as a mechanism to settle disputes between merchants, accompanied by the fluctuation of the distance-historic rapprochement between arbitration and the state jurisdiction. The methodology is documentary.

Keywords : History of Arbitration; Commercial Arbitration; Globalization; Lex Mercatoria.

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