Conflitti di giurisdizione tra arbitrato internazionale e corti interne con particolare riguardo allo spazio giudiziario europeo

Arbitral tribunals and national courts may be faced with problems of coordination, all the more when it comes to cross-border disputes. Conflicting decisions either on the merits or on the arbitration agreement, defences against derailing or delaying tactics flouting an arbitration agreement, judicial anti-suit injunctions or damages judgments for breaches of the obligation to arbitrate, are few illustrative features of a landscape in which arbitral tribunals and courts are called to coexist without clear-cut international or European uniform rules of coordination. The same landscape reveals the pivotal role of national devices so as to lessen conflicts of jurisdiction. The paper addresses this topic mainly in the perspective of the European Judicial Space and having regard to the devices provided for by Italian law.