Arbitration in Italy

by Roberto Olivaart. 806 It. code civ. proc. 20 July 201520 September 2023No Comments

Arbitration in Italy was founded in 2015 by Roberto Oliva as a blog.

The underlying idea was that of spreading arbitration culture in Italy and, in that way, boosting arbitration practice in our country.

Over the years, various issues were addressed, and approximately 100 articles were published.

The visitors of the blog have steadily increased over time, and Arbitration in Italy gained the trust of numerous readers.

As of 2020, Arbitration in Italy has become a journal. Or rather, two journals: Arbitration in Italy, the English version (ISSN 2732-5687), and Arbitrato in Italia, the Italian version (ISSN 2732-5695).

The purpose did not change: we always intend to publish accurate – but still understandable even for the layman – articles on arbitration and thus contribute to its spread.

Still on parallel paths

by Roberto Olivaart. 806 It. code civ. proc., art. 819/ter It. code civ. proc. 26 February 202526 May 2025No Comments

An arbitration clause in a company’s articles of association allows disputes between shareholders and companies to be referred to arbitration. However, the law places precise limits on this option, one of which is that disputes must not concern non-disposable rights.

Concerning a particular type of dispute, namely disputes concerning the challenge of resolutions approving the annual financial statements, case law has long adopted a two-pronged approach: formal disputes (such as those concerning the irregular convening of the shareholders’ meeting or incorrect minutes) are considered arbitrable. In contrast, substantive disputes (i.e. those concerning the alleged falsity of accounting data or the violation of the principles of truthfulness and correctness) are considered to relate to non-disposable rights and are therefore not arbitrable.

This distinction, although clear in theory, has proved problematic in practice.

What happens, for example, when the same appeal contains both challenge types?

Interim measures and arbitration in Italy after the 2022 reform: initial considerations in light of Article 818 of the Italian Code of Civil Procedure

by Roberto Olivaart. 818 It. code civ. proc. 15 January 202526 May 2025No Comments

The civil procedure reform introduced by Legislative Decree No. 149 of 10 October 2022, in force since 28 February 2023, has also profoundly impacted arbitration law. One of the most significant changes is the possibility for Italian arbitrators to grant interim measures under certain conditions. This long-awaited change modifies a historically rigid structure that has been the subject of frequent criticism.

It is now possible to reflect on the reformed Article 818 of the Italian Code of Civil Procedure in light of its first practical applications, and in particular of an order issued by the Court of Milan on 7 January 2025 (Italian text available here), which is the first judicial decision to deal with the new statutory framework.

Breach to the arbitral agreement

by Roberto Olivaart. 806 It. code civ. proc. 28 June 202328 June 2023No Comments

Commercial arbitration practitioners sometimes face problems arising from the conduct of a party that, recalcitrant to see the dispute decided by the arbitrators as agreed, engages in conduct with the apparent intent to prevent or hinder and slow down, the arbitral proceedings.

The leading arbitral institutions are also aware of this and have included in their rules the admonition represented by the express provision that the parties must conduct themselves in good faith and fair dealing.

The subject has not, however, found particular attention in Italy. For this reason, it seems appropriate to address it.

Some thoughts on the reform of Italian arbitration law

by Roberto Olivaart. 806 It. code civ. proc., art. 813/bis It. code civ. proc., art. 815 It. code civ. proc., art. 818 It. code civ. proc. 16 May 202318 May 2023No Comments

Much has been written, and much will still be written, about the recent reform of Italian arbitration law. The undeniable merit of this reform is that it brings the Italian system closer to that of other jurisdictions sharing the same civilizational perspective. The changes that have (finally) allowed arbitrators to issue interim and precautionary measures, as well as those concerning the disclosure and disqualification of arbitrators, should indeed be interpreted in this sense. Italy is now among the most advanced jurisdictions, with changes that include the choice of applicable law, allowing parties and arbitrators to apply non-state rules such as lex mercatoria.

Arbitration law reform and new CAM rules

by Roberto Olivaart. 818 It. code civ. proc. 2 March 20233 March 2023No Comments

1 March 2023 represents an important date for Italian arbitration practitioners. The Italian Code of Civil Procedure reform enters into force, containing targeted but extremely relevant interventions for arbitration matters. In addition, the new Arbitration Rules of the Milan Chamber of Arbitration also enter into force (their Italian text is available here).

Lack of decision: no annulment of the vitiated award if the disregarded claim should still be rejected

by Chiara Spaccapeloart. 829 It. code civ. proc. 27 February 20232 March 2023No Comments

The recent judgment rendered by the Supreme Court of Cassation no. 32796 dated 8th November 2022 (Italian text available here) resolved a delicate procedural issue, ruling that the following principle of law is also applicable to the appeal proceedings against the arbitration awards “the principles of economic and reasonable duration of the proceedings (…) and in accordance whit a constitutional interpretation set out in art. 384 cod. proc. civ., inspired by these principles, once verified the lack of ruling on a ground of appeal, the Supreme Court can omit a referral decision on the appealed decision and may give a final judgment on the merit of the case, when the question of law referred to that ground results unfounded, so the final decision confirms the ruling of the judgement of appeal (consequently it is useless to return to the merit phase), unless the matter needs further factual findings”.

On the appeal to procedural orders

by Matteo Boselliart. 827 It. code civ. proc. 2 February 20232 March 2023No Comments

A recent decision of the Italian Supreme Court (No. 32996 of 9 November 2022, Italian text available here) provides an opportunity for dealing with the possibility to appeal to a procedural order that only resolved preliminary issues.

Italian arbitration in 2022

by Roberto Olivaart. 806 It. code civ. proc. 31 December 202220 February 2023No Comments

2022 has been an exciting year for Italian arbitration practitioners.

First, in 2022 was enacted the reform of Italian arbitration law, which will enter into force on 1 March 2023. It is the first significant reform since that passed in 2006. It is worth immediately noting that:

Italian arbitration law will impose specific disclosure duties on the appointed arbitrators. The influence of international best practices is evident, and the fulfilment of the said duties will likely avoid the occurrence of events such as those discussed in BEG v. Italy, and
Italy finally leaves the restricted club of jurisdictions not allowing arbitrators to issue interim measures.

Second, Italian practitioners had to brush up on seasoned precedents on the arbitrability of disputes involving a party affected by trade sanctions. Italian Courts dealt with this matter concerning the sanctions against certain Iraqi entities; the same principles will likely apply to the sanctioned Russian entities.

Third and eventually, Italian institutional arbitration is in sharp expansion. The time is still far when Italian administered arbitrations will outnumber ad hoc proceedings. Nonetheless, Italian arbitral institutions, particularly the leading institution (Milan Chamber of Arbitration), significantly contributed to shaping the landscape for domestic and international cases.

Service of the award

by Federico Bantiart. 828 It. code civ. proc. 20 December 202220 February 2023No Comments

The Milan Court of Appeal, with the ruling hereby commented (No. 3466 of November 4th 2022, Italian text available here), decide a challenge of an arbitral award (rendered at the end of an arbitration proceeding concerning a dispute on the leasing of a branch of business) accepting the objection of tardiness raised by the appealed party. Read more “Service of the award”

Challenge to the shareholders’ meeting resolution and arbitrability

by Stefano Fermiart. 34 decree no. 5/2003 23 November 202222 November 2022No Comments

The Court of Milan reaffirms, in a recent decision (No. 8411 of 26 October 2022, Italian text available here), the broad applicability of the arbitration clauses contained in the Articles of Association, also with respect to the challenge to the shareholders’ meeting resolutions, with the sole exception of so-called irremediable nullity.