Challenging arbitral tribunal jurisdiction in Italy
Produced in partnership with Filippo Frigerio and Micael Montinari of Portolano Cavallo (Milan)

The following Arbitration practice note produced in partnership with Filippo Frigerio and Micael Montinari of Portolano Cavallo (Milan) provides comprehensive and up to date legal information covering:

  • Challenging arbitral tribunal jurisdiction in Italy
  • Arbitrable disputes under Italian law
  • Challenging the jurisdiction of an arbitral tribunal under Italian law
  • Timing of challenges to jurisdiction
  • Challenging the validity, content or extent of an arbitration agreement

Challenging arbitral tribunal jurisdiction in Italy

Arbitral tribunals may decide on their own jurisdiction to rule on a matter brought before them (the principle of Kompetenz-Kompetenz) under sections 817 and 819-ter of the Italian Civil Procedural Code (CPC). Under Italian law, there is, however, no provision that enables the granting of anti-suit injunctions.

Arbitrable disputes under Italian law

CPC, s 806 provides that parties may refer any disputes to be heard by an arbitration tribunal except:

  1. disputes involving inalienable rights

  2. disputes explicitly excluded by the law

The CPC also excludes the referral of employment matters to arbitration, except when the arbitration is:

  1. established by the law

  2. provided in the contract, or

  3. provided by an appropriate collective employment contract

Challenging the jurisdiction of an arbitral tribunal under Italian law

Pursuant to CPC, s 817, para 1, arbitrators have the exclusive competence to ascertain whether they have jurisdiction to rule on the dispute before them under an arbitration agreement. The Italian legislative system fully recognises that the Kompetenz-Kompetenz principle applies to domestic disputes.

The European Court of Justice has found on two occasions (Asturcom Telecomunicaciones SL v Cristina Rodríguez Nogueira and Elisa María Mostaza Claro v Centro Móvil Milenium SL) that an arbitral tribunal may autonomously rule on its competence also absent an ad hoc objection raised by a party, if the proceedings are based on an unfair contract term claim in a

Popular documents