Struttura dell’impugnazione per nullità del lodo rituale e funzione assicurativa dell’effettività del diritto dell’Unione.

Abstract

The candidate’s doctoral thesis examines the impact of EU law on the structure of the annulment process of the arbitral award, considering that this is the most important moment in wich the arbitral award is subject to review by a court of a Member State, ensuring that the questions of EU law which the arbitral tribunal may have to address can be submitted to the Court by means of a reference for a preliminary ruling, in accordance with Article 267 TFEU. The work is divided into two parts. The first part examines more general issues: the principle of the procedural autonomy of the Member States, the mechanisms capable of ensuring the full effectiveness of the rules of the EU and the duties of court or tribunal of a Member States in the judicial system of the EU. This part underlines the reasons for which the Court of Justice consider that «it is for the national courts and tribunals and for the Court of Justice to ensure the full application of European Union law in all Member States». The second part analyses two issues: if the arbitral tribunal is entitled to make a reference to the Court for a preliminary ruling and, secondly, the review of the arbitral award by a court of a Member State. Explecially, the thesis verifies the opportunity of a change of Community case-law, in wich the tribunal arbitral cannot be regarded as a ‘court or tribunal of a Member State’ within the meaning of Article 267 TFEU. Secondly, the thesis verifies if limited review concerning, in particular, the consistency with public policy is suitable to ensure the full effectiveness of EU law. From this perspective, the candidate proposes a different solution, consistent in the possibility of challenging the arbitral award for errores (iuris) in iudicando. [edited by Author]