The Impartiality of Arbitrators in the Italian System considering the Code of Civil Procedure and Arbitration Institutional Rules - Czech and Central European Yearbook of Arbitration - Independence and Impartiality of Arbitrators - 2014

Author(s): 

Elena Zucconi Galli Fonseca

Carlo Rasia

Page Count: 

18 pages

Media Description: 

1 PDF Download

Published: 

February, 2015

Subscribe to download

PDF189.7 KB

$40.00

Add to cart

Description: 

Originally from Czech and Central European Yearbook of Arbitration - 2014: Independence and Impartiality of Arbitrators

Preview Page

 

Abstract | The impartiality of arbitrators is one of the

most important principles of the arbitration system.

Due to this, the Italian legislature protects it with

preventive and subsequent measures. In addition to

specific ethics rules and institutional arbitration rules,

the main instrument is the challenge of arbitrators

that may be filed in front of the state court on the

grounds of lack of independence of the arbitrator. If the

grounds for challenge are small their use is

discouraged, although the arbitrator’s liability is

increased. Usually, the lack of impartiality or

independence is not included in the grounds for the

review of the award. The aim of the following paper is

to demonstrate that the Italian legislature wants to

preserve the arbitration instrument, getting it closer to

the function and structure of jurisdictional
proceedings.