Arbitration in Italy - Page 3 of 11 - News on domestic and international arbitration in Italy

Multiparty arbitration

by Roberto Olivaart. 816/quater It. code civ. proc., art. 819 It. code civ. proc. 22 April 202129 April 2021No Comments

Both from a historical point of view and in a number of its actual implementations, arbitration is a bilateral dispute resolution mechanism: in other words, it concerns disputes between two parties, a claimant and a respondent.

It is not by chance that, taking account of the above binary structure, the default rule on the appointment of the arbitral tribunal, contained in Article 810 of Italian Code of Civil Procedure provides that each party appoints an arbitrator and that the chair is jointly appointed by the party-appointed arbitrators.

However, disputes submitted to arbitration (in particular, to international arbitration) might have a more complex structure, either because there are more than two parties to the relevant relationship, or because after the execution of the arbitration agreement the parties increase in number: for instance, in case of succession or inheritance when two or more successors or heirs succeed a single party.

Extended effects or separability doctrine?

by Roberto Olivaart. 34 decree no. 5/2003, art. 808 It. code civ. proc. 25 February 202126 February 2021No Comments

Two virtually simultaneous decisions, issued by two different lower Courts, reached opposite conclusions (Court of Catania, decision No. 1020 of 13 March 2020, Italian text available here; and Court of Milan, decision No. 2091 of 11 March 2020, Italian text available here). The legal grounds of both these decisions are indicated under Article 118, para. 1, of the Implementing Provisions of Italian Code of Civil Procedure. In other words, they merely refer to judicial precedents.

Arbitration and consortia

by Riccardo Robuschiart. 34 decree no. 5/2003 10 February 202112 February 2021No Comments

The recent publication of two decisions issued by different national courts of first instance (Court of Civitavecchia, decision No. 2 of 7 January 2021, Italian text available here; and Court of Brindisi, decision No. 22 of 5 January 2021, Italian text available here) offers the opportunity to examine the ‘state of the art’ regarding the applicability of the corporate arbitration law to consortia (consorzi).

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Public policy

by Roberto Olivaart. 829 It. code civ. proc., art. 840 It. code civ. proc. 5 February 20218 February 2021No Comments

A recent decision issued by the Italian Supreme Court (decision No. 1788 of 28 January 2021, Italian text available here) deals with the issue of public policy and its relevance in arbitration matters.

Compulsory Use of the Turkish Language in Economic Enterprises

by İdil BozoğluArbitration in Turkiye 16 January 202125 August 2022No Comments

The Law No. 805 On the Compulsory Use of the Turkish Language in Economic Enterprises (“Law No. 805“) came into effect on 1926 and had been one of the most debated regulations in terms of its procedural power.

The Law sets forth that the Turkish companies and enterprises are under the obligation to use the Turkish language in all transactions, agreements, correspondences, accounts and books. The application of the law does not cover the contracts that are to be performed outside of Turkey.

Arbitration in Italy’s 2020

by Roberto Olivaart. 806 It. code civ. proc. 31 December 20202 January 2021No Comments

Mountains of papers have been written, countless rhetorical statements and a handful of enlightening and careful considerations were spent to describe 2020 and how tragic and particular that year was.

I don’t intend to add my voice to that chorus. However, I would like to focus on two aspects, which in my opinion deserve the attention of the readers of this law journal.

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Arbitration and choice of forum clauses

by Luca Giusquiamiart. 806 It. code civ. proc., art. 808/quater It. code civ. proc. 30 December 202030 December 2020No Comments

The Court of first instance of Milan addressed in its decision No. 7692 of 26 November 2020 (Italian text available here) the issue arising out of the coexistence, within the same contract, of an arbitration clause and a choice of forum clause.

Corporate arbitration

by Roberto Olivaart. 34 decree no. 5/2003 9 November 202012 November 2020No Comments

Italian law provisions on corporate arbitration (enacted by legislative decree no. 5 of 17 January 2003) entails a number of interpretative issues, possibly the reason for the limited recourse to arbitration in corporate matters.

Separability presumption

by Roberto Olivaart. 34 decree no. 5/2003, art. 808 It. code civ. proc. 29 September 202019 October 2020No Comments

Separability presumption is universally applied, as the relevant doctrine spread all over the world during the first half of XX century.

In the words of Italian lawmakers, “The validity of the arbitration clause must be evaluated independently of the underlying contract” (Article 808, para. 2, of the Italian Code of Civil Procedure).

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A proposal for Italian arbitration

by Roberto Olivaart. 806 It. code civ. proc. 21 September 202022 September 2020No Comments

In order to access the Recovery Fund, EU member States are required to draft a “National Recovery and Resilience Plan”, consistent with the specific recommendations the Europen Commission addressed them.

In that perspective, Italian government recently made available a preliminary document, headed “Guidelines for the definition of the national recovery and resilience plan” (Italian text available here). A short, forty-page document, with two pages only on Italian judicial system.

In fact, the said guidelines contain vague indications with respect to Italian judicial system and Italian justice: they only claim a number of nebulous, undefined proposed goals (shortening the duration of Court proceedings; reforming codes of civil, criminal and tax proceedings; planning interventions on the Italian judiciary organisation). Nothing else.

Following the publication of these guidelines, Unione Nazionale delle Camere Civili, that is to say, the association representing Italian civil lawyers, published its proposal for an extraordinary plan for civil justice (Italian text available here). It took an admirable initiative, as it triggers (or it could be able to trigger) a broad debate on possible specific, practical measures.