I RAPPORTI TRA ARBITRO E GIUDICE

The thesis analyzes the relationships between arbitral and jurisdictional proceedings as regulated by the Leg. Decree nr. 40/2006. After an historical panorama and a study about the nature of the question, it studies what the art. 817 of the Code of Civil Procedure sets for the case in which, in arbitral proceedings, the arbitrator’s decisional power is questioned on the basis of the validity or effectiveness of the arbitration agreement. Specularly, it examines the rules set by the art. 819 ter of the Code of Civil Procedure for the case that, during jurisdictional proceedings, the judge’s power to decided is challenged by the parties. A final chapter is dedicated to study how to coordinate decisions in the hypothesis that the same matter is submitted simultaneously to the judge and to the arbitrator.