Sulla rilevabilità officiosa dell’eccezione d’arbitrato estero: conflitti latenti di giurisprudenza o prove generali di neonegozialismo arbitrale a Piazza Cavour?

The United Sections of the Court of Cassation have established that the lack of jurisdiction of the Italian judge, as a consequence of an arbitration clause for foreign arbitration, is not detectable ex officio, not even in the default of the defendant, being the basis of any arbitration to be found in the free choice of the parties. The principle raises significant questions of consistency with the provisions of Italian law of private international law and with the guidelines of the Supreme Court’s jurisprudence itself, but at the same time re-proposes ancient and not yet dormant questions on the nature of arbitration, on relations with ordinary jurisdiction and on results of protection to which arbitration justice aspires.