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Trasparenza e riservatezza nell'arbitrato
No full textConfidentiality has been traditionally considered as an implicit obligation arising out of an arbitration agreement. In the last years, however, transparency gained more and more importance, so that the two principles now coexist and must be carefully balanced. In the light of the practice of the main arbitral institutions, at least in two fields a significant development in favor of transparency can be noted: i) the required standards of neutrality and impartiality upon the arbitrators; ii) the publication of the awards. With regard to the duties of confidentiality properly said, the picture is instead far from being settled as their ground and scope is very debated in various jurisdictions. The Author's submission is that, in absence of specific legal or contractual provisions addressing the issue, a distinction must be made between domestic and international commercial arbitration. while the former is subject to the relevant characters of the national systems, the latter, given its own features, should be in principle recognised as confidential proceedings. Finally, the law applicable to confidentiality is faced by proposing the applicability in principle of the lex arbitri
Natura, struttura e caratteri generali dell'accordo
No full textIl contributo analizza l'accordo concluso dall'Unione europea con il Regno Unito volto a disciplinare le relazioni a seguito del recesso, partendo dalla sua natura eccezionale, alla luce della rilevante sentenza della Corte di giustizia, e dalla sua complessa struttura e approfondendo i profili e le difficoltà relative alla sua applicazione.The essay analyses the agreement concluded by the European Union with the United Kingdom to regulate their relations following its withdrawal, starting from its exceptional nature, in the light of the relevant ruling of the Court of Justice, and its complex structure and delving into the profiles and difficulties relating to its application
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