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Arbitration in a nutshell

This blog is inter alia aimed at spreading and improving the knowledge of arbitration in Italy, hoping that this increased knowledge would also increase its actual use.

The number of institutional arbitration proceedings is known and, with some degree of approximation, it is also possible to estimate the rough number of ad hoc proceedings.

In the light of these pieces of information, the majority of civil and commercial disputes are brought before State Courts.

The above is (at least, partly) the consequence of some biases concerning arbitration: first of all its costs (which would make it unsuitable for disputes of low/medium value), and also the perceived complexity of its rules (which could represent a further complication for the parties).

To dispel, or at least attempt to dispel these prejudices, this blog is now joined by a radio column, Arbitration in a nutshell (“Pillole di arbitrato”), broadcasted by IusLaw WebRadio.

In this radio column I have already dealt with the issue of arbitration costs, showing – at least, I hope I have shown – that arbitration is not as expensive as we think, and indeed it is almost always cheaper than proceedings in State Courts, taking account of all the relevant factors and, first of all, value of time.

I then dealt with four topics which, according to the statistics of this blog, are among those that my readers found more interesting: the relationship between arbitration and payment order and that between arbitration and bankruptcy; the enforceability of the arbitration clause under Article 1341 of Italian Civil Code and the circulation of the arbitration clause in case of assignment of credit.

The new year will begin by talking of administered arbitration.

In the meantime, I send all my readers the best wishes for a Merry Christmas and a Happy New Year!

Roberto Oliva: Roberto is a partner of the Dispute Resolution Department of Pavia e Ansaldo, a leading independent Italian law firm, which has been operating in Italy and abroad for more than 60 years. He is enrolled with the Milan Bar and admitted to practice before Italian senior Courts. Roberto assists Italian and foreign clients in complex disputes before Italian State Courts and arbitral tribunals seated in Italy and overseas. Moreover, he is routinely appointed as an arbitrator by the parties, arbitral institutions, or appointing authorities. Roberto is a member of the International Bar Association (IBA), “Associazione Italiana dell’Arbitrato (AIA)”, ArbIT – Italian Forum for Arbitration and ADR, and the Chartered Institute of Arbitrators (CIArb). He also serves as the Honorary Secretary of the CIArb European Branch Committee, as a co-chair of ArbIT, and as the General Editor of the e-journal Arbitration in Italy.
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