ITALY Law and Practice Contributed by: Renato Fiumalbi, Simone Barnaba, Alessandra Lucchini and Valeria Daloiso, Eversheds Sutherland
11.2 Factors Considered When Awarding Costs As explained in 11.1 Responsibility for Paying the Costs of Litigation , the amount of litigation costs that the losing party is ordered to reimburse the prevail- ing party is determined by the law on the basis of several criteria, such as the value of claims, the level of the courts (court of first instance, court of appeal, Supreme Court), the activity performed and conduct of the parties during the proceedings. 11.3 Interest Awarded on Costs Interest is generally not awarded on costs, but the creditor can claim them under the general rules. 12. Alternative Dispute Resolution (ADR) 12.1 Views of ADR Within the Country Please see the Italy Trends & Developments chapter in this guide. 12.2 ADR Within the Legal System Please see the Italy Trends & Developments chapter in this guide. 12.3 ADR Institutions Please see the Italy Trends & Developments chapter in this guide.
• a compromise – ie, a contract concerning a dispute that has already arisen. There are two types of arbitration: • formal arbitration that results in an arbitration award producing the same effects as a court judg- ment; and • informal arbitration that results in an award with only contractual effects. A recently introduced rule provides that the parties may grant the arbitrators the power to grant provi- sional measures. 13.2 Subject Matters Not Referred to Arbitration Certain subject matters cannot be referred to arbitra- tion, the most significant of which are disputes con- cerning non-disposable rights. Individual labour disputes may be referred to arbitra- tion only in the cases expressly provided for by law or in collective labour contracts or agreements. 13.3 Circumstances to Challenge an Arbitral Award The parties can challenge an arbitral award on the ground of “nullity” in the following cases: • if the arbitration agreement is invalid, provided that the relevant objection has been raised in a timely manner during the proceedings; • if the arbitrators have not been appointed accord- ing to the provisions of the Code of Civil Proce- dure, provided that the relevant objection has been raised during the proceedings; • if the award has been rendered by a person who could not be appointed as an arbitrator; • if the award exceeds the scope of the arbitration agreement provided that the relevant objection has been raised during the proceedings or if the award decides the merits of the dispute when the merits could not be decided; • if the award does not have the requirements set out by law; • if the award has been rendered after the expiration of the time limit, provided that the party’s intention
13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration
Arbitration in Italy is regulated by the Code of Civil Procedure. In particular, the parties may agree to have disputes arising between them decided by one or more arbitrators. In particular, the parties may agree to resort to arbitration by: • an arbitration clause inserted in a contract; • an arbitration agreement whereby the parties agree that future disputes concerning one or more speci- fied non-contractual relationships shall be decided by arbitrators; or
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