Confusion, but also useful prompts from the first jurisprudential stirrings on the boundary line between judicial and arbitral jurisdiction over interim measures
1. That the introduction of the power for arbitrators to deliver interim measures, welcomed by almost everyone, at least in principle, would give rise to considerable interpretive and practical problems, was something I had anticipated the day after the reform, and I was certainly not alone. A recent ruling by the Court of Siracusa dated […]
Essay (intentionally and firmly without footnotes) on the relationship between the preliminary reference to the Court of Cassation under Article 363-bis of the Italian Code of Civil Procedure and the functions of the supranational and constitutional courts
1. Introduction and dedication. 2. A preliminary ruling by the Court of Cassation does not exhaust the domestic remedies required before an application may be lodged with the ECHR. In preliminary reference proceedings, however, the Court of Cassation acts as a court of last instance for the purposes of any obligation to make a preliminary […]
“Game-set-match”: objectives, moves, self-accountability, victory and defeat in the game of civil litigation
1. Antagonistic vs. cooperative play at the table of law 2. Provisional strategic concessions in competitive sport, in view of the final outcome 3. …and in civil litigation 4. Game theory as a framework for rationalizing party decisions in response to one another. A natural fit for non-adjudicative ADR; less so for litigation, where the […]
The Legal Profession in Civil Litigation 40 Years On (celebrating the anniversary of the founding of the LUISS Faculty of Law)
1. Spring 1985. The LUISS Faculty of Law had been founded only a couple of years earlier. In the Sala delle Colonne, an interesting study meeting on arbitration was underway. Having just arrived in Rome, from Messina by way of Würzburg, as a researcher at the also newly founded “Tor Vergata,” I was there together […]