ITALY Law and Practice Contributed by: Renato Fiumalbi, Simone Barnaba, Alessandra Lucchini and Valeria Daloiso, Eversheds Sutherland
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 specified non-contractual relationships shall be decided by arbitrators; or • a compromise – ie, a contract concerning a • formal arbitration that results in an arbitration award producing the same effects as a court judgment; and • informal arbitration that results in an award with only contractual effects. A recently introduced rule provides that the par- ties may grant the arbitrators the power to grant provisional measures. 13.2 Subject Matters Not Referred to Arbitration Certain subject matters cannot be referred to arbitration, the most significant of which are dis- putes concerning non-disposable rights. dispute that has already arisen. There are two types of arbitration: Individual labour disputes may be referred to arbitration only in the cases expressly provided for by law or in collective labour contracts or agreements.
The order to pay costs is contained in the judg- ment of the court, so it can be challenged by ordinary means of appeal. 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 reim- burse the prevailing 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.
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