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L’arbitrato irrituale, «dead man walking»

Maurizio Visconti    Avvocato in Venezia    

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abstract

In Italian system there is a kind of arbitration, called «arbitrato irrituale», that has no correspondence in common law system. It is an arbitral trial that ends with an award unenforceable and meant only as contractual will of the parts. It is defined in such a way by Italian Supreme Court. On the contrary, the author’s opinion is that such kind of arbitration is totally similar to the one that ends with an enforceable award, as it normally develops following proceedings quite similar to judicial ones. It is hoped for Italian law decides to eliminate such a way of disputes resolution, also in order to make uniform Italian system with foreign ones.

Published
Dec. 18, 2017
Accepted
Oct. 1, 2018
Submitted
Sept. 18, 2018
Language
IT