ITALY Law and Practice Contributed by: Luciano Castelli, Gian Paolo Coppola, Claudia Bosco and Matteo Creuso, LCA Studio Legale
applies to partners of the arbitrators and other lawyers who share the same premises as the arbitrators. The lawyer appointed as an arbitrator shall also disclose in writing to the parties any additional circumstance that may affect their independence. Similar rules are provided in the arbitration rules of the Milan Chamber of Arbitration. Indeed, Article 20 provides that the appointed arbitrators shall submit their statement of independence within a predeter - mined time limit. In the statement, the arbitrator shall disclose, specifying the time and duration: • any relationship with the parties, their counsel and any other person or entity involved in the arbitra - tion, even on a financial relationship basis, which may affect their impartiality or independence; • any personal or economic interest, either direct or indirect, in the dispute; and • any bias or reservation as to the subject matter of the dispute. The statement shall be repeated during the proceed - ings, if necessary, in case of supervening circum - stances. In Italy, the principle of competence-competence applies, meaning arbitral tribunals have the authority to decide on their own jurisdiction. This is confirmed by Article 817 of the CCP, which grants arbitrators the power to assess both their juris - diction and the validity, scope, and content of the arbi - tration agreement. To this purpose, any challenge to the arbitral tribunal’s own jurisdiction shall be raised no later than the first procedural activity following the arbitrators’ accept - ance of their appointment. Article 819-ter strengthens this principle by stating that the jurisdiction of arbitrators is not excluded by the pendency of the same case before the court, or by the connection between the dispute referred to them 5. Jurisdiction 5.1 Challenges to Jurisdiction
and a case pending before the court. Moreover, during arbitration proceedings, national courts cannot deter - mine the validity of the arbitration agreement. 5.2 Circumstances for Court Intervention A court can address issues of jurisdiction of an arbitral tribunal only if the arbitration is not pending yet. Pending arbitration proceedings, the court can address issues of jurisdiction only after the award is pronounced (see 11.1 Grounds for Appeal on grounds for nullity). Article 829 (1) No 10 of the CCP offers a potential avenue to challenge negative rulings on jurisdiction by arbitral tribunals. This provision allows an appeal of the award if it fails to decide the merits of the dis - pute, even though the arbitral agreement mandated the arbitrators to do so. 5.3 Timing of Challenge Parties have the right to go to court to challenge the jurisdiction of the arbitral tribunal only after an award has been rendered. 5.4 Standard of Judicial Review for Jurisdiction/Admissibility The standard of judicial review for questions of admis - sibility and jurisdiction is de novo. 5.5 Breach of Arbitration Agreement When a valid arbitration agreement exists, and the respondent challenges the court’s jurisdiction in their first defence, national courts must decline to hear the case on the merits. If the respondent fails to challenge the court’s jurisdiction in time, the arbitral tribunal will no longer have jurisdiction over the dispute. Moreo - ver, under Article 808 quater of the CCP, in case of doubts, arbitration agreements must be interpreted as to extend to all disputes connected with the agree - ment or the legal relationship concerned. It follows that the courts do not allow proceedings in breach of arbitration agreements. 5.6 Jurisdiction Over Third Parties Article 816-quinquies of the CCP regulates how addi - tional parties that are neither parties to an arbitration
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