In two near-simultaneous judgments handed down just two days apart, the Rome Court of Appeal (full text available here) and the Florence Court of Appeal (full text available here) addressed whether an arbitration clause providing for international arbitration must be
Arbitration in Italy
Arbitration in Italy is a specialized publisher focusing on arbitration law and practice within the Italian legal context. It provides detailed analysis and commentary on arbitration-related issues such as corporate arbitration clauses, interim relief jurisdiction, recognition and enforcement of foreign arbitral awards, and procedural principles like the adversarial principle. The content is aimed at legal professionals, arbitrators, and parties involved in arbitration, offering insights into recent court rulings, legislative reforms, and practical challenges in arbitration proceedings in Italy. The publisher serves as a valuable resource for understanding the evolving landscape of arbitration law in Italy.
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Foreign-Seated Corporate Arbitration
Italy’s Supreme Court has finally granted full recognition to corporate arbitration with foreign seats. In judgment no. 8911 of 4th April 2025 (Italian text available here), the Supreme Court ruled that corporate articles of association may validly include arbitration clauses…
When can the adversarial principle be considered violated?
A contract provides that one party handles design costs for subdividing property whilst the other proceeds with purchase, then transfers a portion to the first contractor. A dispute arises over performance and the arbitral tribunal is seised, which awards reduced…
Interim relief jurisdiction
A partnership includes in its articles of association, amended in 2006, an arbitration clause referring all corporate disputes to arbitrators under the rules of an arbitral chamber. One partner seeks interim relief from the ordinary court under Article 700 of…
Interim attachment pending foreign arbitral award recognition
Trieste Court of Appeal’s order of 28th March 2025 (Italian text available here) addresses a question of considerable practical relevance: the admissibility of interim attachment before proceedings for exequatur of a foreign arbitral award. The matter gains added interest from…
Still on parallel paths
An arbitration clause in a company’s articles of association allows disputes between shareholders and companies to be referred to arbitration. However, the law places precise limits on this option, one of which is that disputes must not concern non-disposable rights.…
Interim measures and arbitration in Italy after the 2022 reform: initial considerations in light of Article 818 of the Italian Code of Civil Procedure
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…
Breach to the arbitral agreement
Commercial arbitration practitioners sometimes face problems arising from the conduct of a party that, recalcitrant to see the dispute decided by the arbitrators as agreed, engages in conduct with the apparent intent to prevent or hinder and slow down, the…
Some thoughts on the reform of Italian arbitration law
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…
Arbitration law reform and new CAM rules
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…