Politiche giustinianee e prolixitas litium.: Note sulla riforma giustinianea dell’arbitrato

Abstract

This paper intends to propose some reflections on the Justinian reform of arbitration in relation to the broader scope of Justinian’s procedural policy oriented towards judicial deflation and the consequent reduction of trial times. With the provisions reported in C. 2.55.4 and C. 2.55.5, the Justinian chancellery marks an overcoming of arbitration based on the compromissum cum poena, thus stimulating several questions on a possible new conception of the institute with respect to the classical tradition. Doubts that intensify in the face of the partial retraction implemented in Nov. 82.11. In relation to these issues, particular attention is dedicated to the question of the enforceability of the arbitral award.