Arbitration in Italy

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”.

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

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.

Read more “On the appeal to procedural orders”

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.

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”