ITALY 134
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXI (1996)
Jurisdiction
Italy
Original full text
Full text decision ITALY 134
Excerpt
Excerpt decision ITALY 134
Summary
Italy 134. Tribunale, Lodi, 13 February 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.
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.
227
Concurrent court proceedings ("indivisibility")
Multi-party disputes: The court discusses whether related court proceedings may absorb (by vis atractiva) arbitration proceedings.