La capacità degli àrbitri. Le incompatibilità

The paper concerns the study of the main issues concerning the capacity to be an arbitrator and the most significant situations of incompatibility. The study opens with a historical investigation aimed at illustrating the systems of the capacity to be arbitrator and of incompatibilities in the force of the 1865 code; subsequently, the gaze shifts to the discipline provided by the 1940 code, as reformed first in 1983 and then in 2006 and on the most relevant issues, with particular attention to the one concerning the choice as arbitrator of the company. After, the analysis goes on to examine the main hypotheses of incompatibility that prevent people belonging to certain professional categories to hold the office of arbitrator. The further topic studied concerns the lack of specific qualities of the referee, which must in any case be kept distinct from capacity and incompatibility. The work ends with an examination of the effects produced by the referee's incapacuty and incompatibility on the arbitration agreement and on the award.