ITALY Law and Practice Contributed by: Luciano Castelli, Gian Paolo Coppola, Claudia Bosco and Matteo Creuso, LCA Studio Legale
individuals with no special professional qualifications. In the event that they are appointed, defence attorneys are now granted extended powers to any procedural action, even without express indication of the parties, including the waiver of claims and the determination or extension of the time limit for the pronouncement of the award (Article 816-bis of the CCP). By contrast, legal representation by an Italian qualified lawyer becomes mandatory in the event that the dis - pute moves to the Italian courts, including the appeal of arbitration awards. 8. Evidence 8.1 Collection and Submission of Evidence According to Article 816-bis of the CCP, the parties may agree on the procedural rules that the arbitrators shall follow in the proceedings. Failing an agreement by the parties, the arbitrators can proceed in the man - ner that they deem most suitable, provided that the parties’ right to be heard is respected. Arbitrators generally approach the collection and sub - mission of evidence by replicating the instruments provided by the CCP. Therefore, there is very limited disclosure. Also, expert witnesses are appointed by tribunals and the parties can appoint a party’s witness expert who will discuss the technical issues with the arbitral tribunal’s appointed expert. Sometimes, however, arbitrators might be more will - ing to adopt international standards in the collection of evidence, allowing the use of witness statements The rules of evidence follow the same principles men - tioned in 8.1 Collection and Submission of Evidence . 8.3 Powers of Compulsion Arbitrators in Italy lack the power to compel a witness to appear before them. However, they can apply to the court to obtain a compelling order. and cross-examination. 8.2 Rules of Evidence
If the parties have not set different rules, the arbitra - tors have the power to order the production of docu - ments by the parties.
9. Confidentiality 9.1 Extent of Confidentiality
Italian arbitration legislation is silent on confidentiality. This means there is no legal requirement for confiden - tiality by default. However, strong confidentiality safeguards exist in practice. These come from the following two key sources. • Arbitral rules – many arbitral institutions, like the Milan Chamber of Arbitration (CAM), have rules that often include robust confidentiality provisions. Parties choosing these institutions would be bound by such rules. • Professional conduct regulations – arbitrators themselves are typically subject to professional codes of conduct that emphasise confidentiality obligations. As a result, while not mandated by law, confidential - ity is generally a hallmark of arbitration proceedings seated in Italy. Information used in arbitral proceedings cannot be disclosed in subsequent proceedings, unless the par - ties involved agree. The award is determined by a majority vote of the arbitrators. It must be a written document including the following information: • names of the arbitrators; • seat of the arbitration proceedings; • details of the parties involved in the dispute; • reference to the arbitration agreement and the par - ties’ final claims; • reasoning behind the decision; 10. The Award 10.1 Legal Requirements
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