Considerazioni conclusive. Autonomia e limiti della disciplina dell'arbitrato commerciale internazionale

The paper aims at highlighting the reasons for the particular success and wide recognition that the arbitral solution of disputes concerning international trade relations has acquired in these years, through a critical analysis of this legal institution and the main practical problems connected with its concrete functioning. The aim of the authors is, therefore, to qualify arbitration as a privileged forum for optimising the exercise of private autonomy and the use of established commercial practices in the resolution of disputes concerning international trade. Moreover, the authors’ intent is to highlight the strengths of arbitration as the primary instrument to decide commercial disputes in a way to ensure the actual effects underlying the relevant economic transactions. However, the critical approach of the paper also requires to take into consideration the limits imposed on private autonomy itself in order to avoid that arbitration is transformed from a means for the defence of freedom and self-discipline in international trade relations into a means capable of jeopardizing the effectiveness of the principles of public policy, proper to each State legal system having a relevant connection with the dispute and, consequently, to discuss the corresponding remedies applicable in case the parties do not comply with such principles and thus exceed the corresponding limits.