L'arbitrato tra autonomia ed eteronomia
Arbitration is governed by two different kind of forces: party autonomy,
which is left to the discretion and appreciation of private individuals;
and mandatory rules of law, applicable to the merits of the dispute, as well
as to the procedural aspects of the trial. These two different sources make
of arbitration a complex instrument, which is at the same time an expression
of party autonomy and a legal model for non-State adjudicatory proceedings.
Accordingly, it is essential to circumscribe those areas which are reserved