As brilliantly pointed out by Professor Bermann in his “What Does it Mean to Be ‘Pro-Arbitration?”, the ways in which legislation, policies or practices may affect international arbitration’s well-being are manifold and at times indirect or even ambiguous: there exists in fact a multiplicity of metrics for identifying what may be deemed to be “pro-” or “anti-arbitration”.
However, even considering the plurality and complexity of elements and interrelations highlighted by Professor Bermann, there cannot be any doubts as to the arbitration-friendly nature of the Italian legislative reform set to apply starting from February 28, 2023.
I. THE REFORM OF THE ITALIAN REGULATION OF ARBITRATION
Indeed, prompted by the EU’s response to the adverse economic effects caused by the pandemic, Italy’s Recovery and Resilience Plan, enacted in the context of the recent NextGenerationEU program, contemplates, among its key measures to reinforce the country’s economic and social resilience, a structural reform of the Italian judicial system. The goal of this reform is primarily to improve efficiency by shortening the duration of civil and criminal proceedings and reducing the courts’ crowded dockets. This latter objective is also pursued by recognizing in full the jurisdictional nature of arbitration proceedings.