ITALY 138
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXI (1996)
Jurisdiction
Italy
Original full text
Full text decision ITALY 138
Excerpt
Excerpt decision ITALY 138
Summary
Italy 138. Corte di Appello, Genoa, 7 May 1994
Related topics
214-216
Field of application
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.