Effect of Arbitration Agreement and Claim for Penalty

Notes

1. §4.8.2.prplacet — Impersonal verb. Here meaning "it is accepted / held as a rule of law", governing the accusative and infinitive construction (A.c.I.) with exceptionem and petitionem as subjects.
2. §4.8.2.prexceptionem non nasci, sed poenae petitionem — Accusative and infinitive (A.c.I.) construction. The infinitive nasci is understood after sed with poenae petitionem as its subject. This illustrates the Roman law principle that an agreement to arbitrate does not directly block a subsequent lawsuit via an objection (exceptio), but instead gives rise to a claim for the agreed penalty (poena).