Answer ... The Code of Civil Procedure (CCP) (Articles 807 and 808) identifies two types of arbitration agreement:
- the arbitration clause (‘clausola compromissoria’), which is included in an agreement between the parties and refers to future disputes arising from that same agreement; and
- the arbitration agreement (‘compromesso’), which is executed after the relevant dispute has arisen with the aim of referring that specific dispute to arbitration.
Both the arbitration clause and the arbitration agreement must be in writing (if not, they are null and void). In this regard, it is understood that agreements exchanged by telegraph, telex, fax and/or certified email are to be deemed as made in writing. The arbitration agreement, unlike the arbitration clause, must state and clarify the object of the dispute.
Answer ... Article 808 of the CCP clarifies that the validity of arbitration clauses is not affected by the validity of the contract in which they are included; this means that the arbitration clause is separable from the main contract.
Answer ... In the absence of an explicit choice by the parties, the arbitrators are empowered to determine the seat of the arbitral proceedings.
If the arbitrators fail to do so, the seat of the arbitral proceedings shall be the place where the arbitration clause or agreement was signed. If the signature occurred abroad, then the seat will be Rome, according to Article 816 of the CCP.
Unless the arbitration clause or agreement provides otherwise, the arbitrators are entitled to hold hearings, carry out investigations, issue orders and decisions and sign the award in places other than the seat of the arbitral proceedings (including abroad).