The relationship between arbitrator and judge in the Italian system is a relationship of jurisdiction. This is what emerged from the reform of 2006 and from the recent decisions of the
As an example consider the rules related to the different appeal of the judgment and of the award that has decided about the validity of the clause, or consider the lack of binding nature of the decision when the case is transferred between arbitrator and judge (or vice versa).
The equalization of the relationship between arbitrators and judges must be seen, inside Italian system, as a particular relationship of jurisdiction. Moreover, despite the encouraging decisions of the Supreme Court, it cannot be said that there is a total equalization with the relationship between judges and arbitrators.
foreign arbitration
Kompetenz-Kompetenz principle
state judge
judicial authority
translatio iudicii
exceptio compromissi
lis pendence
review of the award
objection to the judge's jurisdiction
invalidity of the arbitration agreement
review of the state judgment
European Regulation n° 1215 of 2012
Elena Zucconi Galli Fonseca is a full professor of Civil Procedural Law. She teaches Civil Procedural Law and International and Domestic Arbitration Law at the Alma Mater Studiorum-University of Bologna, School of Law. She has written more than seventy books, articles and essays. Her research interests include arbitration, with particular reference to the arbitral convention, arbitration and company law, arbitral award; res iudicata, objective and subjective limits, connections between rights and collateral estoppel. Among her books are La convenzione arbitrale rituale nei confronti dei terzi (Arbitral convention and third person) Milan, 2006 and Pregiudizialità e rinvio. Contributo allo studio dei limiti soggettivi dell’accertamento (Contribute to doctrine of res judicata and third person), Bologna, 2011. She is a member of the Italian Association of Civil Procedure Law, and of the International Association of Procedural Law. She also practices civil and commercial law in Bologna. Her address is the: Università di Bologna, Scuola di giurisprudenza, via Zamboni n. 22, Bologna, Italy.
e-mail: elena.zucconigallifonseca@unibo.it.
Carlo Rasia is a researcher of Civil Procedural Law and a professor of European Procedural Law at the School of Law of the Alma Mater Studiorum-University of Bologna. His main research areas are focused on European Procedural Law and on National and International Arbitration. Among his works is the book Tutela giudiziale europea e arbitrato (European judicial protection and arbitration), Bologna, 2010. He participated in national and international research projects, as the European Commission project ‘European civil procedure and e-Justice implementation within the European Union’ (2010-2011). He is a member of the Italian Association of Civil Procedure Law. Since 2004 he has also practiced civil and commercial law in Bologna. His address is: Università di Bologna, Scuola di giurisprudenza, via Zamboni n. 22, Bologna, Italy.
e-mail: carlo.rasia@unibo.it.
