ITALY Law and Practice Contributed by: Luciano Castelli, Gian Paolo Coppola, Claudia Bosco and Matteo Creuso, LCA Studio Legale
LCA Studio Legale Via della Moscova 18 20121 Milan Italy Tel: +39 02778 8751 Fax: +39 02760 18478
Email: info@lcalex.it Web: www.lcalex.it
1. General 1.1 Prevalence of Arbitration
same reason, contracts governed by the CISG often include an arbitration clause. 1.3 Arbitration Institutions The Milan Chamber of Arbitration (CAM) is the most used arbitral institution for international arbitration in Italy. The reason is that CAM has the resources and background to handle international arbitration proce - dures and is aligned with international best practices in administering arbitral proceedings. Some Italian bar associations have established arbi - tral institutions that deal mainly with local arbitral pro - cedures. Also, Italy has a long tradition of ad hoc arbitration, in which parties do not rely on pre-established rules of arbitral institutions. These proceedings are governed by the Italian Code of Civil Procedure (CCP) only. 1.4 National Courts In Italy, domestic courts of first instance might be involved in arbitral proceedings when provided by the law – eg, for the appointment or challenge of an arbi - trator or in the case of the enforcement of domestic awards. The Courts of Appeal (ie, the courts of second instance) are the courts designated to: • hear disputes on the appeal of domestic arbitral awards; and • decide on the recognition of foreign awards and on the subsequent challenge.
International arbitration is not the prevailing method of dispute resolution in Italy. However, domestic par - ties increasingly consider deferring their disputes to arbitration as a more rapid and efficient instrument than ordinary court proceedings. The recent reform of civil proceedings, which will be addressed below, tried to make arbitration a more attractive dispute resolution method and set a more transparent and valuable system. The narrow limits applying to the recognition and enforcement of arbitral awards are an additional element which makes the Italian system arbitration- friendly. Also, a recent study conducted in 2024 by SDA Boc - coni School of Management, commissioned by the Milan Chamber of Arbitration (CAM), compared the duration and costs of arbitration proceedings versus State Court judicial procedure and found that CAM arbitration is faster and more cost-effective than ordi - nary civil litigation. 1.2 Key Industries Italy has a long history of resolving corporate disputes through arbitration. Areas like construction and post- M&A transactions have experienced significant inter - national arbitration activity, too. This is likely due to the involvement of entities from various countries. For the
380 CHAMBERS.COM
Powered by FlippingBook