L’esperienza del forum prorogatum negli arbitrati in Italia e all’estero

Atteritano, Andrea (2008) L’esperienza del forum prorogatum negli arbitrati in Italia e all’estero. Rivista dell'Arbitrato p. 177-196. ISSN 1122-0147.

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Abstract/Index

The article deals with the recognition of the principle of forum prorogatum in arbitrations between private parties or between private parties and foreign States. The analysis begins in the interstate jurisdictions, where the principle first developed. However, following a thorough reconstruction of international treaty law, national legislation, and relevant case law, the Author demonstrates its prevalence in private arbitration as well. The applicability of the principle of forum prorogatum in arbitral jurisdictions can be inferred from general principles of law. Nonetheless, its practicality often depends on the choices of national legislators. Consequently, forum prorogatum undoubtedly functions if the legal system in which the arbitration is being held impedes the objection of the award for reasons related to the arbitration agreement which were not contested during the course of the arbitration. On the contrary, doubts arise in the case in which that preclusive mechanism is not provided for. Nevertheless, in the Author's opinion, the principle of forum prorogatum finds application regardless of the system of preclusions, since its applicability is owed to reasons of a logicaldogmatic nature. The only limit to its practicality may be the provision of an express legal prohibition. The Author also focuses on the change introduced in Italy by the 2006 reform with the combined provision of law of articles 817, 3º co. and 819, 1º co., num. 1), c.p.c.


Item Type:Article
Research documents and activity classification:Journal Articles > Articles > Articles published in or submitted to a Journal without IF
Divisions:Department of Law
Additional Information:Posseduto dalla Biblioteca LUISS Guido Carli: segnatura B120. Accessibile tramite banca dati in abbonamento: DeJure on-line.
Uncontrolled Keywords:Arbitrato. Lodo. Forum prorogatum.
MIUR Scientific Area:Area 12 - Law > IUS/13 International Law
Deposited By:Andrea Atteritano
Deposited On:16 Feb 2010 11:10
Last Modified:18 Apr 2013 20:48

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