Sull’(in)esistenza di un diritto all’udienza fisica negli arbitrati rituali con sede in Italia

Since the beginning of the Covid-19 pandemic, the arbitral community has made recourse to its celebrated flexibility in order to face the unprecedented challenge of delivering justice and respecting due process, while also complying with the emergency measures put in place to safeguard public health. This has translated into a surge in arbitral hearings conducted through video conference, raising however a new legal question: Does a right to a physical hearing exist in arbitration? The present essay aims at answering this question through an analysis of the relevant provisions of the law regulating arbitration proceedings in Italy, as well as the general rules of civil procedure. It further analyzes whether the failure to conduct a physical hearing, either against the parties’ agreement to hold one or over one party’s objection, may have an impact on the validity of the award and on the recognition and enforcement of foreign awards. Finally, it conducts a critical review of the emergency legislation that was recently enacted in Italy.