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.
Italian legal system is a civil law system: as a consequence, stare decisis doctrine does not apply in Italy.
However, it is well known that civil and common law systems have become closer to each other during the last decades. On the one hand, from the point of view of common law systems, due to the increasing body of statutory law; on the other hand, from the point of view of civil law systems, because of the increasingly important role played by jurisprudential precedents (on this topic, see the interesting book edited by MacCormick and Summers, Interpreting precedents: a comparative study, also containing papers by the Italian learned scholar Michele Taruffo).
In this perspective, it is worth reading a recent decision of the Italian Supreme Court (Third Civil Chamber, decision No. 24649 of 3 October 2019, Italian text available here). Despite this decision does not concern arbitration matters, I found it very interesting and for this reason, I would like to briefly comment it.
Two ICSID Arbitral Tribunals, on the basis of similar reasons, reached the same conclusion: Achmea decision (available here) does not affect their jurisdiction.
The so-called “Decree Unblock-Construction” (“Decreto Sblocca-Cantieri”) (decree No. 32 of 18 April 2019, converted into law No. 55 of 14 June 2019) reintroduced, in the Italian system of public procurement, the advisory technical committee (“Comitato Consultivo Tecnico”), already provided for by Article 207 of legislative decree No. 50 of 18 April 2016 (repealed by legislative decree No. 56 of 19 April 2017).
Italy will continue to be represented by Prof. Luigi Fumagalli, and Cecilia Carrara was appointed as an alternative member.