The author examines the role of the lawyer in the arbitration procedure and analyzes in detail the regulatory changes made by the 2006 reform. The legislator seems to equate the representative ad litem in the arbitration judgment and that ad litem conferred ex artt. 83 and 84 c.p.c. at the lawyer in the state trial. The subject of analysis is therefore the power of attorney for the lawyer, which extends to any procedural document and the powers conferred on the lawyers of the parties considering the most recent jurisprudential guidelines. The contribution then examines the issues relating to the recipient of the communication ex art. 824 c.p.c. and notification ex art. 828, c.p.c. of the arbitration award, as well as the notification of the appeal of the award. The reforms have solved the most significant problems posed by the previous discipline, but others have yet to be resolved: the debate on the nature of the relationship between the party and the lawyer and, consequently, on the power of attorney, as well as on the overlapping of the two disciplines, in civil proceedings and in arbitration proceedings, in fact, continues.
Litispendenza, continenza e connessione. Commento all'art. 819 ter c.p.c.
Olga Desiato
2021-01-01
Abstract
The author examines the role of the lawyer in the arbitration procedure and analyzes in detail the regulatory changes made by the 2006 reform. The legislator seems to equate the representative ad litem in the arbitration judgment and that ad litem conferred ex artt. 83 and 84 c.p.c. at the lawyer in the state trial. The subject of analysis is therefore the power of attorney for the lawyer, which extends to any procedural document and the powers conferred on the lawyers of the parties considering the most recent jurisprudential guidelines. The contribution then examines the issues relating to the recipient of the communication ex art. 824 c.p.c. and notification ex art. 828, c.p.c. of the arbitration award, as well as the notification of the appeal of the award. The reforms have solved the most significant problems posed by the previous discipline, but others have yet to be resolved: the debate on the nature of the relationship between the party and the lawyer and, consequently, on the power of attorney, as well as on the overlapping of the two disciplines, in civil proceedings and in arbitration proceedings, in fact, continues.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
