Rimedi contrattuali "sinallagmatici" ed estinzione della convenzione d'arbitrato

This paper investigates the possibility of application of the “synallagma tic” contractual remedies in the arbitration agreement in order to counter, in particular, the defaulting behaviour of the parties. This end will be pursued especially through the analysis of distorted use of the article 816-septies code of civil procedure. After reconstructing the several interpretations about nature and effects of the arbitration agreement, it will be deemed appropriate to frame the arbitra tion agreement within the common purpose and duration contracts. This definition will be used as a starting point to justify the possible areas of application of “synallagmatic” contractual remedies: their use is conditioned, not only by the peculiar nature of the arbitration agreement, but also by the double effect it must achieve.