Chamber of Arbitration of Milan - Chapter 4 - Performance as a Remedy: Non-Monetary Relief in International Arbitration: ASA Special Series No. 30
Stefano Azzali is Secretary General of the Chamber of Arbitration of Milan which he joined in 1988 after having practiced law in Italy, South Africa and the United States. He is also Secretary General of the Italy-China Business Mediation Center (Beijing-Milan) and Secretary Treasurer of the International Federation of Commercial Arbitration Institutions (IFCAI). Mr. Azzali sits – as Reporter for Italy – on the Board of Reporters of the Center for International Law in Dallas and on the International Advisory Board of the Austrian Arbitration Center in Vienna. He represents Italy at the UNCITRAL Working Group II (Arbitration and Conciliation), designated by the Italian Ministry of Foreign Affairs. Member of the panel of arbitrators of various international arbitration institutions, he is visiting professor at Bocconi University, Law School, in Milan, where he teaches Domestic and International Arbitration Law. After having chaired for several years the Disciplinary Commission of the Italian Football Federation, he is now a member of the High Court of Justice of that Federation.
The Chamber of Arbitration of Milan is a special agency of the local Chamber of Commerce and has been managing arbitration procedures since 1986. During this twenty-year period of time, the number of cases has constantly grown, and a new set of arbitration rules entered into force on 1 January 20041, thus contributing to the development of the Chamber. From January 2004 to December 2007, 405 requests for arbitration were filed. During the same period, 198 awards were rendered, while in 211 cases the proceedings were concluded without any award, i.e., the parties settled their dispute or withdrew their claims for other reasons. Sixteen percent of these cases were international in the sense that at least one of the parties was not Italian. The majority of arbitrations administered by the Chamber during the period from 2004-2007 concerned corporate matters, construction and supply agreements.
Research concerning performance as a remedy granted in arbitral awards was conducted on the basis of the awards rendered under the auspices of the Chamber of Arbitration in the years from January 2004 up to the end of December 2007. The research focuses on nonmonetary relief claims granted or rejected in arbitral proceedings where an award was rendered and did not take into consideration any request made in proceedings that did not result in an award. In most of the cases handled by our Chamber during 2004-2007, the parties sought monetary relief (compensation of damages, reimbursement or payment of contractual fees, royalties and so on). However, the most relevant cases concerning non-monetary relief (sixteen cases) granted by a final award are described below. In all cases, the applicable law was Italian law.