La memoria di risposta. La domanda riconvenzionale

The author deals with the appearance of the defendant in arbitration, addressing interpretive issues linked to the phase of commencement of proceeding. The first reply of defendant in arbitration, indeed, is part of a specific mechanism characterized by a minimum legal framework and lack of procedural formality. The first reply has to contain, necessarily, the appointment of party’s arbitrator; moreover, it could include defensive activities, on rite as well as on the merits, in which case it can be considered a full reply, comparable to the reply of defendant in the ordinary civil proceedings. The author also analyses the issue of admissibility of counterclaims in arbitration, making a distinction between arbitration based on an arbitration agreement, and arbitration based on an arbitration clause.