The following Arbitration guidance note Produced in partnership with Filippo Frigerio and Micael Montinari of Portolano Cavallo (Milan) provides comprehensive and up to date legal information covering:
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.
CPC, s 806 provides that parties may refer any disputes to be heard by an arbitration tribunal except:
disputes involving inalienable rights
disputes explicitly excluded by the law
The CPC also excludes the referral of employment matters to arbitration, except when the arbitration is:
established by the law
provided in the contract, or
provided by an appropriate collective employment contract
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
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