art. 818 It. code civ. proc. Archivi

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.

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).

Corporate arbitration and interim measures

by Roberto Olivaart. 35 decree no. 5/2003, art. 669/quinquies It. code civ. proc., art. 818 It. code civ. proc. 24 July 20169 November 2017No Comments

A recent decision of the Court of first instance of Catania (decision no. 4041 of 19 July 2016, Italian text available here) focused on the relationship between corporate arbitration and interim measures and it is particularly interesting for its potential impact.