The essay can be divided in three different sections. # In the first one (§§ 1-2) are described all the hallmarks of the arbitration agreements concluded among two or more litigants and one or more arbitrators. # The second section (§§ 3-5) focuses on the fundamental parts of the arbitration agreement, with particular attention on two phenomenon that concern the litigants: the succession in the rights devolved to the arbitrators and the substantial representation. Moreover, the author analyzes the requirements of the arbitrator. # In the third section (§§ 6-12) is analyzed the progressive mechanism of formation of the agreement among the parts mentioned. Particularly it deals with the nominee of the arbitrators. All this matter is described both under the lens of the model, so called “binary”, where each litigants contributes, with a personal nominee, to create the collegium of the arbitrators and the mandatory model that concerns giving the power to an impartial third party to name the arbitrators. # The last topic is about the acceptance of the appointment to be arbitrator, from which arise all the obligations connected with the arbitration agreement.
Il contratto di arbitrato. I litiganti e gli àrbitri. La loro nomina ed accettazione
Eugenio Dalmotto
2021-01-01
Abstract
The essay can be divided in three different sections. # In the first one (§§ 1-2) are described all the hallmarks of the arbitration agreements concluded among two or more litigants and one or more arbitrators. # The second section (§§ 3-5) focuses on the fundamental parts of the arbitration agreement, with particular attention on two phenomenon that concern the litigants: the succession in the rights devolved to the arbitrators and the substantial representation. Moreover, the author analyzes the requirements of the arbitrator. # In the third section (§§ 6-12) is analyzed the progressive mechanism of formation of the agreement among the parts mentioned. Particularly it deals with the nominee of the arbitrators. All this matter is described both under the lens of the model, so called “binary”, where each litigants contributes, with a personal nominee, to create the collegium of the arbitrators and the mandatory model that concerns giving the power to an impartial third party to name the arbitrators. # The last topic is about the acceptance of the appointment to be arbitrator, from which arise all the obligations connected with the arbitration agreement.
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