International Commercial Arbitration at Italy
International Commercial Arbitration in Italy is governed by a combination of national laws and international treaties. Here's a comprehensive overview:
📘 Legal Framework
National Law:
Italy's arbitration rules are governed by the Italian Code of Civil Procedure (ICCP), specifically Articles 806 to 840.
These were amended by Legislative Decree No. 149/2022, which came into effect in June 2023, modernizing the arbitration system to align better with international standards.
International Treaties:
New York Convention (1958): Italy is a signatory. This means it recognizes and enforces foreign arbitral awards.
ICSID Convention (1965): Italy is a member, allowing arbitration for investment disputes.
European Convention on International Commercial Arbitration (1961).
🏛️ Arbitration Institutions in Italy
Milan Chamber of Arbitration (CAM):
One of Europe’s most respected institutions.
Administers both domestic and international arbitrations.
Has its own rules: CAM Rules of Arbitration (latest version from 2020).
Rome Chamber of Arbitration.
Other regional chambers affiliated with the Union of Italian Chambers of Commerce.
⚖️ Key Features of Arbitration in Italy
Arbitral Tribunal: Parties can choose the number and identity of arbitrators. Default is 3.
Autonomy: Parties have freedom in choosing applicable law, language, and place of arbitration.
Interim Measures: Italian courts may grant interim measures before and during arbitration.
No appeal on the merits: Arbitral awards are final and binding, though they can be challenged on limited grounds.
📂 Enforcement of Awards
Domestic Awards: Can be enforced after being declared enforceable by the court.
Foreign Awards: Enforced under the New York Convention, provided no public policy violation or procedural irregularity.
🛡️ Advantages of Choosing Italy for Arbitration
Strong legal infrastructure.
Independent judiciary.
Experienced arbitrators and legal professionals.
Modern facilities (especially in Milan).
Supportive stance toward international arbitration by Italian courts.
✅ Best Use Cases
Contracts involving Italian parties or performance in Italy.
EU cross-border business disputes.
Mediation-arbitration hybrid cases via CAM.
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