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Arbitrator versus Judge - Czech and Central European Yearbook of Arbitration - Interaction of Arbitration and Courts - 2015

Author(s): 
Elena Zucconi Galli Fonseca
Carlo Rasia
Page Count: 
20 pages
Media Description: 
1 PDF Download
Published: 
March, 2015

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Originally from Czech and Central European Yearbook of Arbitration - Interaction of Arbitration and Courts - 2015

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Abstract | 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 Constitutional
Court and the Supreme Court in 2013. Moreover, these
rules sometimes approach, and sometimes diverge from
rules that are common to the courts.
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.