Arbitration Proceedings: Historical Need for Dispute Resolution

The paper is devoted to the study of the historical evolution of arbitration as one of the methods of dispute resolution. The paper examines in detail the origins and development of arbitration proceedings. It also proves that arbitration appeared long before the emergence of state courts. The author explains the role of arbitration tribunals in ancient civilizations, their influence on the medieval justice system and transition to modern dispute resolution procedures. Special attention is paid to the influence of reception of Roman law on the development of arbitration fora. The author refutes the misconception about the weak development of the institution during the period of feudalism in two key states: England and France. The paper studies the evolution of arbitration in Russia separately. A comparative legal analysis of the States under consideration demonstrates that arbitration proceedings have developed in various contexts. The article examines and examines the factors and causes that negatively or positively influenced the development of arbitration. The analysis of regulatory legal acts related to the institution under consideration is carried out. The author concludes that the only fundamental enemy of the existence and prosperity of arbitration courts is a strong and centralized state power. The conclusion is formulated that arbitration has turned out to be an integral part of different cultures and legal systems at different stages of history. This diversity was due to common patterns, but each society gave this institution its own character and traditions manifested in the forms and methods of work of arbitration tribunals.

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