ITALY 121
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XVIII (1993)
Jurisdiction
Italy
Original full text
Full text decision ITALY 121
Excerpt
Excerpt decision ITALY 121
Summary
Italy 121. Corte di Appello, Bologna, 21 December 1991
Related topics
221
Law applicable to "Null and void", etc. (for formal validity and applicable law, see Art. II, ¶204)
The court discusses which law – lex fori, lex contractus, law of the State where the award will be made – applies specifically to determining whether an agreement to arbitrate is “null and void etc.“, and, by extension, which law applies to determining the validity of arbitration agreements.
222
Arbitrator's competence and separability of the arbitration clause
The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.
223
Arbitrability (see also Art. V(2) sub ground a. "arbitrability", ¶519)
The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.