I conflitti di leggi davanti agli arbitri del comercio internazionale: note in tema di collegamento obiettivo alla luce del Regolamento Roma I

Abstract

Arbitrators employ different methods in order to determine the rules of law applicable to the merits of the dispute. Failing a choice of law agreed upon by the parties, arbitral tribunals usually resort either to the voie directe, identifying at once the legal regime to which the relationship at stake shall be submitted, or to the conflict-of-law rules that it considers to be appropriate in the circumstances. The process by which the relevant connecting factors are retrieved (or elaborated) by the arbitrators often implies a reference to the general principles of private international law. The paper examines the use of such principles in present-day international commercial arbitration and attempts to assess whether, and to what extent, the provisions contained in the Rome I regulation on the law applicable to contractual and non contractual obligations may be seen as reflecting general principles of private international law.