Milan chamber of arbitration 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.

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).

Parallel proceedings

by Roberto Olivaart. 817 It. code civ. proc., art. 819/ter It. code civ. proc. 2 July 20215 July 2021One Comment

A recent decision issued by the Court of Appeal of Milan (No. 1946 of 23 June 2021, Italian text available here) deals with a topic of great interest and practical relevance. This topic concerns the relationship between arbitration proceedings and parallel proceedings in a Court of law (which in that particular case were criminal proceedings).

CAM simplified arbitration

by Roberto Olivaart. 832 It. code civ. proc. 6 July 20206 July 2020No Comments

The Arbitration Rules of Milan Arbitration Chamber, which came into force a year ago (as discussed here), has recently been integrated. The new provisions, applying from 1st July 2020, establish a simplified arbitration procedure.

The said new provisions are contained in Annex D to the arbitration rules, available here (for the time being, only in Italian)

Read more “CAM simplified arbitration”

Arbitration and tort claims

by Roberto Olivaart. 808/bis It. code civ. proc. 27 February 202027 February 2020No Comments

A recent decision issued by the Court of Milan (No. 1684 of 24 February 2020, Italian text available here) concerns a very interesting topic, that of Arbitral Tribunals jurisdiction over non-contractual claims related to a contract.

Read more “Arbitration and tort claims”

Contractual restitutions and arbitration

by Roberto Olivaart. 808/bis It. code civ. proc., art. 808/quater It. code civ. proc. 26 August 201926 August 2019No Comments

A recent decision issued by the Court of first instance of Milan (decision No. 7884 of 22 August 2019, Italian text available here) concerns the relationship between contractual restitutions and arbitration.

New arbitration rules of Milan Chamber of Arbitration

by Roberto Olivaart. 34 decree no. 5/2003, art. 832 It. code civ. proc. 9 June 201912 June 2019No Comments

The Milan Chamber of Arbitration published its new arbitration rules. These new rules apply to arbitration proceedings commenced after 1st March 2019 unless the parties have agreed, under Article 832 of the Italian code of civil procedure, that the arbitration proceedings shall be subject to the arbitration rules in force at the time of the stipulation of the arbitration clause (however, in this case, the Arbitration Chamber may refuse to manage the proceedings).

The new rules are available here.

CAM’s guidelines for Tribunal-appointed experts

by Roberto Olivaart. 832 It. code civ. proc. 5 August 20151 July 2019No Comments

The Chamber of Arbitration of Milan has recently issued its guidelines for Tribunal-appointed experts in arbitration proceedings administered by the Chamber.

These guidelines are available on the CAM’s website and you may easily access them by clicking here.