ITALY Trends and Developments Contributed by: Simone Barnaba, Deborah Borghi, Alessandra Lucchini and Valeria Daloiso, Eversheds Sutherland
Cases excluded Negotiation assisted by lawyers cannot be con- ducted in the following cases: injunction pro- ceedings, including opposition; preliminary technical advice for settlement pur- poses; opposition or incidental cognition proceedings related to enforcement; proceedings in council chamber; in civil actions exercised in criminal proceedings; disputes subject to compulsory mediation; and disputes concerning contractual obligations arising from contracts concluded between pro- fessionals and consumers. Arbitration For general information regarding arbitration please see the Law & Practice chapter. Types of arbitration: • Administered arbitration: Arbitration can be managed by an organisation, generally referred to as an arbitration institution (or chamber). The rules of this type of arbitration are provided by an external regulatory source prepared by an arbitration centre. The par- ties must include a reference to the relevant pre-established regulation (or even just to the arbitration chamber) in the arbitration agree- ment. • Labour Arbitration. • Corporate Arbitration: This is a special form of arbitration dedicated to intra-company disputes.
The effects of the invitation to enter into a nego- tiation agreement or the conclusion thereof are: • the interruption of the statute of limitation; and • the impediment, for one time only, of the forfeiture; however, if the invitation is refused or not accepted within the term of thirty days from its receipt, the application in court must be submitted within the same forfeiture term starting from the refusal, the non-acceptance within the term, or the declaration of non- agreement certified by the lawyers. The procedure is conducted without formalities and both the parties and the lawyers have the duty to act with loyalty and to keep the infor- mation confidential. The statements made and the information acquired during the procedure cannot be used in a trial with the same or par- tially the same subject. The parties’ lawyers and those who participate in the procedure cannot be required to testify about the content of the statements made and the information acquired. The outcome of the negotiation assisted by lawyers Negotiation assisted by lawyers may end in: • the reaching of a settlement between the parties, that must be signed by them and the lawyers, who certify the authenticity of the signatures and the compliance of the agree- ment with mandatory rules and public order; the agreement constitutes an enforceable title and a title for the registration of the judicial mortgage; or • the failure of the negotiation; in this case, a declaration of non-achievement of the agree- ment is drawn up and certified by the lawyers.
682 CHAMBERS.COM
Powered by FlippingBook