Giudizio arbitrale e decisione sulla competenza allo stato degli atti

Abstract

The paper examines the power of the court to make a prima facie decision on his own jurisdiction, comparing it to arbitration. The Author underlines that the arbitral tribunal does not have to rule on his own jurisdiction at the beginning of the arbitral proceedings, having a high degree of flexibility on how to conduct arbitral proceedings also with regard to decide if the dispute is subject to arbitration.