EDICTUM DE INTERDICTO RESTITUTORIO PER FORMULAM ARBITRARIAM

1. Arbitration for Commercial Disputes
   1. Aedilician Jurisdiction
      1. Whereas the Constitution of Nova Roma, IV.A.4.e, endows the Aediles Cururles with the power and obligation "to maintain the venues where the Ordo Equester are engaged in commerce, within Nova Roma property," the Aediles Curules assume jurisdiction over commercial disputes arising from transactions between Nova Roman citizens and peregrines on Nova Roman property, at Nova Roman events, or through the Macellum;
      2. Whereas the Constitution of Nova Roma, IV.A.4.b, endows the Aediles Curules with the power and obligation "to administer the law," the jurisdiction of the Aediles Curules over commercial disputes as specified in I.A.1 of this edictum shall include the establishment of tribunals to arbitrate such disputes and the issuance of interdicta restitutoria per formulam arbitrariam to resolve them;
      3. Whereas the Constitution of Nova Roma, IV.A.4.a, empowers and obliges the Aediles Curules "to hold imperium," the procedures of arbitration specified in this edictum shall have the force of law and default or defiance thereof shall constitute obstruction of justice.
   2. Requirement of Arbitration Agreement
      1. The actor of an arbitration must execute an agreement to accept binding arbitration and submit it at the time of the request for arbitration.
      2. The reus of an arbitration must execute an agreement to accept binding arbitration and submit it at the time of the reply to the request for arbitration.
      3. The text of the agreement to accept binding arbitration is found in Appendix I of this edictum.
   3. Definition of Terms
      1. Arbitration. Arbitration is a form of interdictum restitutorium per formulam arbitrariam. It consists of a binding agreement between parties to place their commercial dispute before an Aedilis Curulis for resolution by a tribunal of arbitri appointed by the presiding Aedilis Curulis and to abide by that resolution permanently and entirely.
         1. Arbitration is a form of interdictum restitutorium because its determination forbids the illicit transfer of possession of something of value from one party to another, voiding the commercial transaction, and restoring the status quo ante the dispute, compensating by award such parties as may have been injured by the status quo post.
         2. Arbitration is per formulam arbitrariam since it entails determination by a tribunal of arbitri rather than a quaestio of iudices, requires no sponsio, and its determination does not result in criminal sanction.
      2. Criminal sanction may arise from default or obstruction of justice in the arbitration process.
      3. Presiding Aedilis Curulis. The presiding Aedilis Curulis is the Aedilis Curulis to whom the instant request for arbitration has been presented; the presiding Aedilis Curulis must cede the right to preside to his Aedilician colleague in the event of a demonstrated conflict of interest involving himself and the parties when either Aedilis Curulis judges that such a conflict exists.
      4. Party
         1. A party is a person or group of persons who have a dispute with another person or persons over a single commercial transaction.
            1. A single commercial transaction may involve multiple objects or purchases possession of which is taken at the same time.
         2. Only citizens of Nova Roma, members of the Ordo Equester, vendors on Nova Roman property, at Nova Roman events, or through the Macellum, and peregrines who have executed an agreement to binding abritration (Appendix I of this edictum) may be a party to a request for arbitration or reply to a request for arbitration.
            1. An actor may refuse to execute an agreement to binding arbitration, but in such cases the presiding Aedilis Curulis shall refuse the request for arbitration with prejudice.
            2. A member of the Ordo Equester may refuse to execute an agreement to binding arbitration. However, on such refusal the presiding Aedilis Curulis shall notify the Censores and request entry of a nota indicating the refusal. Such a refusal shall result in termination of the arbitration process.
            3. A vendor on the Macellum may refuse to execute an agreement to binding arbitration, but the presiding Aedilis Curulis shall require the Curator Araneum to post a report of the refusal in connection with the vendor's advertisement in the Macellum permanently. Such a refusal shall result in termination of the arbitration process.
            4. A vendor on Nova Roman property or at Nova Roman events may refuse to execute an agreement to binding arbitration and shall be refused permission to vend at the above specified venues. Such a refusal shall result in termination of the arbitration process.
            5. Execution of an agreement to binding arbitration does not preclude pursuit of praetorian and/or macronational remedies for offences specified in I.E of this edictum.
         3. The party who submits the request for arbitration is the actor;
         4. The party against whom the claim is lodged in the request for arbitration is the reus.
      5. Arbiter. An arbiter is a fair and impartial determiner of fact, appointed by the presiding Aedilis in accordance with III.A and B and IV.A of this edictum. No person shall be an arbiter who is not assiduus at the time of appointment and through the final determination of the arbitration.
      6. Tribunal. A Tribunal is a panel of three arbitri who shall hear evidence and make a final determination of the arbitration by majority vote.
      7. Pignus.
         1. The pignus is a surety provided by each party. The pignus may consist of the disputed property or a sum of money equal to the value of the requested award.
         2. The award shall be paid from the pignus.
         3. In extraordinary circumstances in the interest of justice and with the concurrence of both the presiding Aedilis Curulis and his aedilician colleague, the requirement of a pignus may be waived by the presiding Aedilis Curulis.
         4. The pignus of each party shall be safeguarded by the quaestor of the presiding Aedilis Curulis.
         5. In the event of termination of the arbitration by the presiding Aedilis Curulis for any reason except default or determination, the pignus of each party shall be returned to each party.
         6. In the event of default the pignus of the defaulting party shall be given to the non-defaulting party and the non-defaulting party's pignus returned.
   4. Confidentiality.
   1. All arbitrations, excepting the deliberation of the arbitri, shall be a matter of public record.
   2. Parties to the arbitration and their witnesses, and the arbitri must waive their right to confidentiality under the Leges Cornelia et Vedia de Privatus Rebus.
   3. The presiding Aedilis Curulis shall ensure that a permanent record is kept of all official correspondence pertaining to arbitrations and that a record of hearing and determination is prepared and issued at his direction.
   5. Default Praetorian and Macronational Jurisdiction. Any request for arbitration which alleges a Nova Roman or macronational criminal offence shall be rejected by the presiding Aedilis Curulis and referred by default to praetorian jurisdiction and macronational authorities for appropriate action. The presiding Aedilis Curulis shall also inform the Consules of such referral in timely fashion and, through them, the Senate.
2. Communications, Time Periods, Prohibited Dates, and Place of Arbitration
   1. Methods of communication. Surface mail, mail, telefax, and telephonic conference are permitted methods of communication except as indicated below. Hearings shall be conducted by email, telephonic conference, or physical meeting. The means of communication not specified below for procedures shall be determined from the above list by the presiding Aedilis Curulis.
   2. Time period. A nundinum shall be reckoned as a period of eight days inclusive.
   3. Prohibited Dates. No business pertaining to arbitration shall be conducted on a dies nefastus. If business pertaining to arbitration is accidentally conducted on a dies nefastus, the business must be conducted anew and an expiation performed as recommended by the Collegium Pontificum.
   4. Place of Arbitration. The electronic or physical venue of hearing and deliberation shall be determined by the presiding Aedilis Curulis after consultation with the parties and their advocati.
3. Procedures for Filing for Arbitration
   1. Request for Arbitration
      1. Any party, as defined in I.C.4 above, to a commercial transaction may file a request for arbitration by written communication to the presiding Aedilis Curulis. The requesting party shall be termed the actor. Such a request must contain the following information:
         1. Names, addresses, email, telephone and/or telefax of all parties and witnesses;
         2. Designation of the actor's advocatus, if any;
         3. A brief description of nature and circumstances of the dispute and the actor's claim;
         4. A brief statement of relief sought and amount, if any, claimed;
         5. A signed agreement to accept binding arbitration; the signed agreement must be sent by post to the presiding Aedilis Curulis (the form of the agreement must be that found in Appendix I of this edictum);
         6. Names, addresses, email, telephone and/or telefax of two arbitri proposed by the actor.
         7. The disputed propery or check or international money order in the amount of the pignus, if required; the financial instrument for the pignus must be sent by post to the presiding Aedilis Curulis;
         8. The oath of the actor in Appendix II of this edictum.
      2. The presiding Aedilis Curulis shall acknowledge in writing receipt of the request for arbitration from the actor;
      3. The aedilis shall forward a full copy of the request for arbirtration to the reus within one nundinum of original receipt of the request.
      4. If any of the material required in III.A.1 is absent from the request for arbitration, the request shall be dismissed without prejudice. Five copies of all the material required in III.A.1 shall be submitted at the time of request.
      5. The presiding Aedilis Curulis may refuse to accept a request for arbitration on grounds of jurisdictional incompetence, defect of law, or inconsistency with reason. The presiding Aedilis Curulis shall inform the actor of the refusal and its grounds within one nundinum of receipt of the request for arbitration.
   2. Reply of Reus to the Request for Arbitration.
      1. The reus shall have two nundina from the date of transmission or postmark of the forwarded original request for arbitration to reply to that request. The reply to request must be by written communication to the presiding Aedilis Curulis and include:
         1. Names, addresses, email, telephone and/or telefax of all parties and witnesses;
         2. Designation of the reus' advocatus, if any;
         3. A brief description of nature and circumstances of the dispute and reply to the actor's claim;
         4. A signed agreement to accept binding arbitration; the signed agreement must be sent by post to the Curulis Aedilis (the form of the agreement must be that found in Appendix I of this edictum);
         5. Names, addresses, email, telephone and/or telefax of two arbitri proposed by the reus;
         6. The disputed property or a check or international money order in the amount of the pignus, if required; the financial instrument for the pignus must be sent by post to the presiding Aedilis Curulis;
         7. The oath of the reus in Appendix II of this edictum.
      2. The presiding Aedilis Curulis shall acknowledge in writing receipt of the reply to request for arbitration from the reus.
      3. The aedilis shall forward a full copy of the reply to request for arbitration to the actor within one nundinum of receipt of the reply to the request.
      4. A continuance of no more than two nundina may be granted by the presiding Aedilis Curulis for compliance with III.B.1.
      5. If the reus declines to participate in arbitration, the presiding Aedilis Curulis shall deny the request for arbitration.
      6. If the reus accepts arbitration and if any of the material required in III.B.1. is absent from the reply to the request, the reus shall be held to be in default. Five copies of all the material required in III.A.1 shall be submitted at the time of request.
   3. Upon receipt of the reply to request for arbitration the presiding Aedilis Curulis shall initiate the procedures of arbitration within two nundina and notify the parties thereof.
4. Procedures of Arbitration
   1. Appointment of Arbitri and Default Appointment
      1. Upon notification that arbitration has been initiated by the presiding Aedilis Curulis, the actor may preemptorily challenge one of the reus' arbitri; notice of challenge shall be communicated to the presiding Aedilis Curulis.
      2. Upon notification that arbitration has been inititated by the presiding Aedilis Curulis, the reus may preemptorily challenge one of the actors' arbitri; notice of challenge shall be communicated to the presiding Aedilis Curulis.
      3. The presiding Aedilis Curulis shall appoint the unchallenged arbitri of the actor and reus arbitri on a tribunal to hear, deliberate, and determination the outcome of the arbitration. If no arbiter is challenged, the presiding Aedilis Curulis shall select one from each submitted panel.
      4. The presiding Aedilis Curulis shall appoint an impartial and independent third arbitrator of his selection to service as arbiter on a tribunal to hear, deliberate, and determination the outcome of the arbitration.
      5. In the event that a arbiter duly appointed for the actor or reus shall be unable to perform his duties before commencement of the hearing, the presiding Aedilis Curulis shall appoint an impartial and independent replacement of his selection.
      6. If the actor and/or reus shall refuse to accept any appointment of arbiter to the tribunal, the refusing party/parties shall be held in default.
      7. If, the hearing having commenced, a arbiter is unable to to perform his duties, the presiding Aedilis Curulis shall act as arbiter in his place. If more than one arbiter is unable to perform his duties under these circumstances, the tribunal shall be dissolved and a new tribunal selected in accordance with III.A.1.f, III.B.1.f, and IV.A. of this edictum.
      8. No citizen shall be compelled to serve as an arbiter, but, having accepted the office, no arbiter shall withdraw except for corruption, conflict of interest, grave illness, or other serious reason sufficient to the presiding Aedilis Curulis.
   2. The presiding Aedilis Curulis shall preside over the tribunal and rule upon points of order and law. The decisions of the presiding Aedilis Curulis shall be binding on the arbitri, the parties, their advocati, and witnesses.
      1. The presiding Aedilis Curulis shall prepare a formula on the basis of the request for arbitration and the reply to the request for arbitration.
      2. This formula shall take the form: "N, NN, and NNN shall be the arbitri. If it appears that the claim of the actor, Titius, to wit [statement of claim of the actor] should prevail in the matter in dispute, the arbitri shall require that the reus, Seius, provide the award, to wit [statement of the award] to the actor; otherwise the arbitri shall absolve the reus."
      3. The presiding Aedilis Curulis shall inform the parties and arbitri of the formula at the time specified in III.C of this edictum.
      4. When the cause of justice shall require, the presiding Aedilis Curulis may amend the formula at any point prior to conclusion of the hearing. The parties and arbitri shall be notified immedidately of any amendments to the formula.
      5. No award in formula shall require a reus to perform a dishonourable, criminal, or otherwise infamous act.
   3. Oaths
      1. Of arbitri. Each arbiter appointed to the tribunal shall take the oath specified in Appendix II of this edictum before undertaking his duties;
      2. Of Parties. Each party shall take the oath specified in Appendix II of this edictum in the request for arbitration or reply to the request for arbitration.
      3. Of Witnesses. Each witness shall take the oath specified in Appendix II of this edictum before giving evidence.
   4. General Powers of the Tribunal
      1. The Tribunal shall serve as the court of hearing, deliberation, and determination of the binding arbitration;
      2. Arbitri may query witnesses and examine documents through the presiding Aedilis Curulis;
      3. Arbitri may request the presiding Aedilis Curulis to compel witnesses to testify under penalty of fine for refusal; no reus shall be compelled to testify against himself;
      4. Arbitri may not deviate from the formula provided by the presiding Aedilis Curulis;
      5. If an arbiter is found to have been corrupted at any stage of the arbitration, that arbiter shall be dismissed and the arbitration dismissed;
         1. With the agreement of the parties, a new tribunal shall be empaneled in accordance with I.A.1.f, I.B.1.e, and III.A of this edictum; uncorrupted arbitri of the previous tribunal may be empaneled in its successor;
         2. The corrupted arbiter shall be prosecuted for perjury and obstruction of justice.
   5. Language of Arbitration
      1. The official language of arbitration shall be English;
      2. The presiding Aedilis Curulis shall arrange with the Decuria Interpres for translation into other languages as needed, but no more than one continuance shall be granted to facilitate procurement of translation.
   6. Advocati
      1. Any party to the arbitration may be represented by an advocatus of his choosing; neither actor nor reus shall be required to be represented by an advocatus.
      2. No advocatus shall be compensated for his services.
   7. Hearing
      1. The place, date, time of the hearing shall be determined by the presiding Aedilis Curulis after consultation with the parties and their advocati. The parties are responsible for ensuring the presence of witnesses and documentary evidence.
      2. The following procedures shall be followed at hearings:
         1. The actor and/or his advocatus shall state the claim, the evidence to be submitted for that claim, and the relief and/or amount requested.
         2. The reus and/or his advocatus shall state the denial of the claim and the evidence to be submitted for that denial.
         3. The actor and/or his adovcatus shall present the evidence for the claim and relief in the form of witnesses for examination and cross-examination by the reus and/or his advocatus, the presiding Aedilis Curulis, or the arbitri, and/or documents certified to the tribunal by the presiding Aedilis Curulis.
         4. The reus and/or his adovcatus shall present the evidence against the claim and relief in the form of witnesses for examination and cross-examination by the actor and/or his advocatus, the presiding Aedilis Curulis, or the arbitri, and/or documents certified to the tribunal by the presiding Aedilis Curulis.
      3. Ex parte Communications. No party or witness shall communicate, except with the permission of the presiding Aedilis Curulis, with any other party or witness regarding the dispute from the opening of the hearing until the final determination has been made.
      4. Continuance. The presiding Aedilis Curulis may adjourn and continue a hearing for a period up to a nundinum at the request of a party or at his discretion.
      5. Waiver and Stipulation. Parties shall have the right to waive their portion of the procedures of sections VI.G.2 of this edictum. Parties may stipulate by agreement to facts.
      6. Termination by Settlement. If, prior to final determination and with the consent of the presiding Aedilis Curulis, the parties agree to settle their dispute outside the arbitration, the tribunal shall be dismissed and the aribtration terminated. No dispute terminated by settlement may be resubmitted for arbitration.
   8. Deliberation and Determination
      1. Upon completion of the hearing, the tribunal shall retire to deliberate privately. The presiding Aedilis Curulis shall accompany them to rule on points of law and chair their deliberation. Unless also a arbiter under IV.A.5 of this edictum, the presiding Aedilis Curulis shall not vote on the final determination of the arbitration.
      2. Determination of the arbitration shall be a vote to accept or reject (1) the actor's claim and (2) the actor's award in the formula presented by the presiding Aedilis Curulis. Determination of the arbitration shall be on preponderance of the evidence by a majority vote of the arbitri. Abstentions shall be counted as votes against the claim or award of the actor.
         1. If the actor's claim is accepted, the award specified in the formula must be made in accordance with the formula.
         2. The tribunal is not obligated to give an award, even if a determination has been made, unless otherwise specified in the formula of the presiding Aedilis Curulis.
      3. The determination shall be given to the presiding Aedilis Curulis for notification of the parties.
   9. Award. The amount of award shall be determined by the tribunal in accordance with the presiding Aedilis Curulis' formula, but shall not exceed the amount claimed for relief in the request for arbitration. The award shall be paid from the pignus of the reus and the pignus of the actor returned. In the event that the pignus of the reus has been waived by the Aediles Curules, the reus shall have one nundinum to surrender the appropriate pignus to the Quaestor of the presiding Aedilis Curulis. A reus who refuses to surrender the pignus within this time limit shall be subject to prosecution before the Praetor for fraud and obstruction of justice.
   10. Costs and Fines
       1. The presiding Aedilis Curulis shall recover from the parties such receipted costs for communications, copying, exhibits, and the like as are reasonable. a. In the event that a party shall dispute the recovery, the matter shall be referred to the presiding Aedilis Curulis' aedlician colleague for decision; his decision shall be final.
       2. The presiding Aedilis Curulis shall be empowered to fine any party or advocatus who violates the procedures of the arbitration. The fine shall not exceed twenty-five U.S. dollars ($25.00) per violation.
          1. In the event that a party or advocatus shall dispute the fine, the matter shall be referrerd to the presiding Aedilis Curulis' aedlician colleague for decision; his decision shall be final.
          2. Fines must be paid within two nundina of their imposition. Failure to pay a fine will result in prosecution before the Praetor for obstruction of justice.
       3. The presiding Aedilis Curulis shall be empowered to fine any defaulting party up to the amount of the pignus, as well as awarding the pignus to the non-defaulting party.
          1. In the event that a party dispute the fine, the matter shall be referrerd to the presiding Aedilis Curulis' aedlician colleague for decision; his decision shall be final.
          2. Fines must be paid within two nundina of their imposition. Failure to pay a fine will result in prosecution before the Praetor for obstruction of justice.
   11. Exclusion of Liability. The parties shall exclude Nova Roma, the presiding Aedilis Curulis, and arbitri from any legal liability arising from the arbitration.
   12. Waiver of Defamation. The parties shall agree to waive any action for defamation arising from sworn testimony or admitted written evidence in the hearing.
   13. Default. A party shall be held in default if that party fails to follow the procedures directed in this edictum, to provide requested documents or testimony, or acts to disrupt or evade the agreed upon arbitration. In the event that a party shall default, the presiding Aedilis Curulis shall determine that the non-defaulting party has prevailed and shall award reflief in accordance with IV.I of this edictum. A defaulting party may be fined by the presiding Aedilis Curulis.
   14. Appeals
       1. To Consular or Praetorian Jurisdiction. As a condition of arbitration, the parties shall agree not to attempt to invoke consular or praetorian jurisdiction over the arbitration.
       2. To Comitia Centuriata. Appeal of a binding arbitration may be made by either party only to the Comitia Centuriata and only on grounds of a serious procedural error in the arbitration. The Comitia Centuriata shall conduct trial as an appellate court in case of such an appeal.
   15. Intercessio
       1. Tribunician or superior curule intercessio may be applied to any procedure in abritration in accordance with the Constitution of Nova Roma. Such an intercessio shall terminate the aribtration without prejudice.
       2. As a condition of arbitration, the parties shall agree not to seek tribunician or superior curule intercessio over the arbitration.

Appendix I

The following text is the agreement to accept binding arbitration which must be executed by actor and reus in accordance with I.B of this edictum:

AGREEMENT TO ACCEPT BINDING ARBITRATION

Actor/Reus:_______________________________________________

Witness:_______________________________________________

Date:_______________________________________________

Presiding Aedilis Curulis:_________________________________________

Date:_______________________________________________

APPENDIX II

The following text is the oath which each arbiter shall take before undertaking his duties:

The following text is the oath which a citizen actor shall take in the request for arbitration:

The following text is the oath which a peregrine actor shall take in the request for arbitration:

The following text is the oath which a citizen reus shall take in the reply to the request for arbitration:

The following text is the oath which a peregrine reus shall take in the reply to the request for arbitration:

The following text is the oath which a citizen witness shall take in the reply to the request for arbitration:

The following text is the oath which a peregrine witness shall take in the reply to the request for arbitration:

11 February 2757

TABVLARIVM