L’arbitrato a sede non (ancora) determinata o a sede incerta nel diritto italiano

The seat is a fundamental element not only for determining the nationality of the arbitration, but also for other important functions. Although it should be determined in the arbitration agreement, or at least at the outset of the proceedings, in practice there may be dysfunctional situations where it is not determined even during the course of the proceedings. This essay therefore aims to verify what the possible corrective mechanisms are in these cases and what the regime of a possible award without a seat is. From another point of view, there are cases of uncertain seat, with asymmetrical arbitration clauses or clauses referring to future events (for which the term “floating arbitration”, commonly used in international practice). It is therefore necessary to examine the problems posed by these cases and the possible solutions.