LA COMPETENZA ARBITRALE DA COMPORTAMENTO ENDOPROCESSUALE CONCLUDENTE

The many-decade long legislative and jurisprudential evolution of the relationship between arbitration and jurisdiction offers the interpreter the general framework within which orienting ourselves to understand the "historic" significance of two recent court decisions that represent the landing of a many-decade long reflection, finally come to identify with the arbitration, a time qualified the "vestibule of the procedural building", what was under the imperio of the code of civil procedure of 1865, a "total judicial equivalent", both in terms of outcome and effects both with reference to the structure of the judgment. This thesis will therefore start from an analysis of the stages that characterized the evolution of the relationship between arbitration and jurisdiction, and then continue with the study of current doctrinal and jurisprudencial reflections in the field, and finally end with a reflection that attempts to provide systematic consistency to the discipline of the arbitral jurisdiction by facta concludentia dictated by the article 817, paragraphs II and III, c.c.p., in the perspective, now irreversibly acquired, of full functional equivalence between arbitration and jurisdiction.