Answer ... 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.
Answer ... 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.
Answer ... In principle, all provisions of law concerning courts’ powers cannot be limited by agreement of the parties.