Court of Rome, 28 April 2016, n. 8499

The discipline of the international lisapence foreseen by art. 7 of the law n. 218 of 1995 not is applicable to arbitrator abroad, place that dictates regulations provides the obligation (paragraph 1) or faculty (paragraph 3) of suspend the procedure only in the case Lite front ad a judge foreigner, e not also in the case of arbitration abroad. such interpretation, beyond a place in line with an interpretation constitutionally oriented of the discipline of the suspension, at the light of art. 111 cost., not contrast with principle of equality between the Italian jurisdiction and the jurisdiction or the arbitration abroad, fixed by art. 4, paragraph 2, of the aforementioned law, kept account of the different ratio of interference with the internal procedure of the quarrel pendant abroad and judgment arbitration, The lack of direct efficacy of the praise in the Italian system Italian and of the new discipline introduced also per the arbitration internal from Legislative Decree n. 40 of 2006, the which has excluding the applicability of the rules in theme of suspension of the process (art. 819-ter of the Italian Civil Code proc. civ.).