L'arbitrato, by Elio Fazzalari - Vol. 8 No. 1 ARIA 1997
Aldo Berlinguer, L.L.M. Georgetown University, P.H.D. candidate University of Florence, Attorney at law
Following an impressive series of contributions on almost all aspects of Italian arbitration, Elio Fazzalari, Professor of Law at the University of Rome, ‘La Sapienza,’ President of the Italian Association of Civil Procedure, and Director of the Italian arbitration review, Rivista dell’arbitrato, has completed L’Arbitrato, his most recent contribution on the subject.
Arranged in the form of a manual, L’arbitrato is a truly scientific book, in which Professor Fazzalari synthesizes a mixture of academic lessons on the subject, former contributions and thoughts, and professional experiences, in an area that the author masters with complete confidence. The book represents both a general review of the current status of arbitration law in Italy and an authoritative voice for innovation, proposing a new, modern approach to a variety of issues.
Professor Fazzalari’s description of the fundamental features of Italian arbitrato (arbitration) allows the reader to perceive the profound evolution that has affected this institution in recent years. The author provides an account of the major developments in Italian law, but stresses the basic notion that arbitration, as a whole, has been and remains a private institution -- a means of dispute resolution alternative to the ordinary jurisdiction of the courts. Arbitration is a proceeding that addresses legal issues and terminates with an award which is binding as a contract on the parties. The only point at which the proceedings become vested with public authority is at the time of the exequatur of the award by the court of first instance; such intervention, however, represents a mere attribution of an external placet that does not affect the intimate, contractual nature of the proceedings.
This basic notion underlies Professor Fazzalari’s exposition and informs every chapter, particularly Chapters two, eight, and nine.