Resolving Disputes: Faliure of Abitration in Ancient Greece: Any Lessons for the 21st century? - Part 1

Athenian Democracy and Arbitration

The success of early arbitration by the famous Athenian law maker Solon, laid the foundation for the Athenian democracy. By early 6th Century, as a result of generational subdivision of family land, most individual farms could not sustain single families. The result was that, enormous wealth was concentrated in the hands of a few large land owners who demanded that loans to peasants be secured by land and personal freedom. Solon launched arbitration services to arbitrate the growing crisis between debtor peasants and the creditor landowners, by maintaining the existing land distribution, but, ending the securing of debt with land or personal freedom. It is accepted that, the freed peasant majority who emerged from SolonÕs arbitration practice became the seed of the Athenian democracy.

By 5th Century, arbitration had become universally accepted among Greek states. Evidence for this is found in historians like Plutarch, Thucudides, Tacitus etc. This is also evident in that, although Greek literature gloried war and warriors, they also recognised warÕs wastefulness. As a result, they relied on arbitration to solve their territorial boundaries, breached treaty obligations disputes etc.

Consent and comprissum

Just like today, due to the absence of recognition of arbitration as part of customary international law, any arbitration in ancient Greece had to be proceeded by consent of the parties. This consent was granted on ad hoc basis or through mechanism of a clause compromissum in a pre-existing treaty. For instance, in the 50 years of peace of 418 between Sparta and Argos a compromissum reads: ÒIt seems good to the Lacedaemonians and to the Argives to make peace and alliance for fifty years on the following conditions: - 1. They shall submit to arbitration on fair and equal terms according to their ancestral customs.Ó

However, the need for specific procedural provisions in the compromissum instead of relying on the customary practice was shown by mediator Pergamum who mediated the Sardinian Ð Ephesian accord. For instance, it provided that, in case of a breach, the wrong party shall announce the charge by means of an embassy to the people accused; those who were appointed to represent both sides shall meet for trial before the mediating people, within 30 days from the date the charge was announced; the mediating people shall appoint by lot within five further days, the people which is to arbitrate. It also required arbitration and ward to be done in 60 days. In case a party refused to appear before the arbitrators or the city state which was chosen as the seat of arbitration, judgment was to be given against those who failed to appear.