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DC Field	Value
dc.identifier	ECF_article_1795
dc.title	L’arbitrato irrituale, «dead man walking»
dc.contributor.author	Visconti Maurizio
dc.publisher	Edizioni Ca’ Foscari - Digital Publishing
dc.type	Research Article
dc.language.iso	it
dc.identifier.uri	http://edizionicafoscari.it/en/edizioni4/riviste/ricerche-giuridiche/2017/2/larbitrato-irrituale-dead-man-walking/
dc.description.abstract	In Italian system there is a kind of arbitration, called «arbitrato irrituale», that has no correspondence in common law system. It is an arbitral trial that ends with an award unenforceable and meant only as contractual will of the parts. It is defined in such a way by Italian Supreme Court. On the contrary, the author’s opinion is that such kind of arbitration is totally similar to the one that ends with an enforceable award, as it normally develops following proceedings quite similar to judicial ones. It is hoped for Italian law decides to eliminate such a way of disputes resolution, also in order to make uniform Italian system with foreign ones.
dc.relation.ispartof	Ricerche giuridiche
dc.relation.ispartof	Vol. 6 \| Issue 2 \| December 2017
dc.issued	2017-12-18
dc.dateAccepted	2018-10-01
dc.dateSubmitted	2018-09-18
dc.identifier.issn
dc.identifier.eissn	2281-6100
dc.rights	Creative Commons Attribution 4.0 International Public License
dc.rights.uri	http://creativecommons.org/licenses/by/4.0/
dc.identifier.doi	10.30687/Rg/2281-6100/2017/14/003
dc.peer-review	yes

Research Article
open access peer reviewed

L’arbitrato irrituale, «dead man walking»

Maurizio Visconti Avvocato in Venezia

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abstract

In Italian system there is a kind of arbitration, called «arbitrato irrituale», that has no correspondence in common law system. It is an arbitral trial that ends with an award unenforceable and meant only as contractual will of the parts. It is defined in such a way by Italian Supreme Court. On the contrary, the author’s opinion is that such kind of arbitration is totally similar to the one that ends with an enforceable award, as it normally develops following proceedings quite similar to judicial ones. It is hoped for Italian law decides to eliminate such a way of disputes resolution, also in order to make uniform Italian system with foreign ones.

Published

Dec. 18, 2017

Accepted

Oct. 1, 2018

Submitted

Sept. 18, 2018

Language

Copyright: © 2017 Maurizio Visconti. This is an open-access work distributed under the terms of the Creative Commons Attribution License (CC BY). The use, distribution or reproduction is permitted, provided that the original author(s) and the copyright owner(s) are credited and that the original publication is cited, in accordance with accepted academic practice. The license allows for commercial use. No use, distribution or reproduction is permitted which does not comply with these terms.

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