Il giudice competente nei giudizi sulla responsabilità degli arbitri internazionali

The article addresses the criteria to determine the competent court to hear liability claims against arbitrators. The latter's liability is linked to their Janus-faced nature as both impartial judges and parties to the arbitration contract. Should a dispute arise over the liability of an arbitrator domiciled within the EU, a court must first assess whether the case falls under the ‘arbitration exception'of the Brussels I-bis Regulation. If so, as stated by the Paris Court of appeal in 2021, domestic choice-of-forum rules must apply. The contribution focuses on the criteria set forth in the above-mentioned Regulation and those contained in Italian Law No. 218/1995 (applicable by the Italian judiciary if the EU Regulation does not apply).