Sulla legge applicabile alla validità sostanziale degli accordi di scelta del foro : appunti per una revisione dell’art. 4 della legge n. 218/1995.. = On the Law Governing the Substantial Validity of Jurisdiction Clauses: Remarks with a View to a Recast of Article 4 of Law No 218/1995

This article tackles the question whether the drafting of Article 4 of Law No 218 of 1995 and, even more, its critical exegesis are (to date) adequate (a) with respect to the transformed legislative context of the European Union (which refers to such domestic legislation when the court seised is Italian) and (b) even more, to the needs of practitioners. Furthermore, this article aims to assess whether the solution adopted under the Brusseis I-bis Regulation and the 2005 Hague Convention on Choice of Court Agreements – which both identify the law that governs the substantive validity of the choice of court agreements in the law of the State allegedly designated (including its conflict-of-law provisions) – may (or should) prompt an overall recast of the Italian law or, rather, require a more detailed provision which shall coordinate with the provisions on lis pendens.