Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
International Arbitration
9.
The role of the court during an arbitration
9.1
Will the court in your jurisdiction stay proceedings and refer parties to arbitration if there is an arbitration agreement?
 
Italy
If the court holds that a valid arbitration agreement exists, it must decline jurisdiction and refer the dispute to arbitration. Technically, the court will not stay the proceedings, but issue a judgment.

For more information about this answer please contact: Gian Paolo Coppola from LCA Studio Legale
9.2
Does the court in your jurisdiction have any powers in relation to an arbitration seated in your jurisdiction and/or seated outside your jurisdiction? What are these powers? Under what conditions are these powers exercised?
 
Italy
In relation to an arbitration seated in Italy, the national courts:

  • have exclusive jurisdiction to grant interim protective measures and freezing orders;
  • will appoint the arbitrators in case of failure to do so by a party or by the appointing authority chosen by the parties;
  • will assist the arbitrators in compelling witnesses;
  • may extend the deadline for issuance of the award in ad hoc arbitrations;
  • will adjudicate challenges to arbitrators;
  • will settle disputes concerning the arbitrators’ fees; and
  • will issue the exequatur of the award.

In relation to arbitrations seated outside Italy, in principle, the court’s powers are limited to the issuance of freezing orders and other interim protective measures, provided that such measures must be executed in Italy.

For more information about this answer please contact: Gian Paolo Coppola from LCA Studio Legale
9.3
Can the parties exclude the court's powers by agreement?
 
Italy
In principle, all provisions of law concerning courts’ powers cannot be limited by agreement of the parties.

For more information about this answer please contact: Gian Paolo Coppola from LCA Studio Legale