Why a blog on arbitration in Italy?
According to the VIII Report on ADR in Italy issued by ISDACI, 713 requests for institutional arbitration were filed in 2014. At the same time, during Judicial Year 2014-2015, 361,083 civil and corporate lawsuits were brought in Italian State Courts.
Moreover, a recent study found that while contracts entered into between Italian and foreign parties usually contain an arbitration clause, arbitration proceedings involving an Italian party are often seated abroad.
In the light of that framework, we hope that this blog would encourage the spread of arbitration in Italy, showing that it is an effective and efficient tool to settle disputes, and pointing out the many advantages of Italian-seated arbitration proceedings – for instance:
- Italian Courts are supportive of and provide their assistance to arbitration (e.g., they issue interim measures, even before arbitration proceedings are commenced, and they are able to do so in a matter of days);
- Italian Arbitration Law contains a number of useful procedural tools (e.g., bespoke rules for corporate and multi-party arbitration, and arbitration of tort disputes);
- a number of Italian Arbitration Courts are well-recognised (in Italy and abroad) for their effectiveness, efficiency, and integrity.
To that purpose, in this blog we report some decisions issued by Italian Courts, so as to show how the law currently stands – and we would be glad if these decisions could be an opportunity to discuss our views with arbitration practitioners all over the world.