|Help

Italy - Baker & McKenzie International Arbitration Yearbook: 2010-2011

Author(s): 
Claudio Camilli
Gaetano Iorio Fiorelli
Page Count: 
6 pages
Media Description: 
PDF from Baker & McKenzie International Arbitration Yearbook: 2010-2011
Published: 
April, 2011
Jurisdictions: 
Italy
Practice Areas: 
National Legislation,
Bankruptcy of a Party
Author Detail: 

Claudio Camilli is a Partner in Baker & McKenzie’s Milan office and is a member of the Firm’s Dispute Resolution Practice Group. His practice concentrates on litigation and arbitration, financial restructuring and insolvency, mergers and acquisitions, and general corporate practice. He has successfully represented a large number of corporate clients in arbitration proceedings and corporate litigation.

Gaetano Iorio Fiorelli is an Associate in Baker & McKenzie’s Milan office and a member of the International Arbitration Practice Group of the Firm’s Global Dispute Resolution Practice Group.

PDF106.39 KB

$40.00
Description: 

Originally from Baker & McKenzie International Arbitration Yearbook 2010-2011

A. LEGISLATION, TRENDS AND TENDENCIES

There have been no legislative changes in the arbitration law of Italy since Law No. 80/2005 and Legislative Decree No. 40/2006 entered into force. Arbitration was not affected by recent reforms of the Italian civil procedure laws.

Nevertheless, a decision is worth noting in which the Italian Constitutional Court3 held Article 669.14 of the Code of Civil Procedure (“CPC”) to be unconstitutional in that it did not permit recourse to the ordinary courts to obtain a preliminary investigation order in cases reserved for arbitration.

The Constitutional Court held that such limitation infringes both the right of defense (Article 24 of the Constitutional Chart) and the right of equality (Article 3), entailing an unjustified disparity between state court and arbitral proceedings with respect to the ability of the parties to obtain evidence. In claims submitted to arbitration, prior investigation measures may be authorized by the state court that would have had jurisdiction but for the arbitration agreement.

Table of Contents: 
A. Legislation, Trends and Tendencies   B. Cases  B.1 Interpretation of Contract Provisions by the Arbitrators and Limitation in the Appeal Procedure B.2 Effects of One Party’s Bankruptcy on the Arbitration Clause   C. Insolvency Issues in Arbitration C.1 The Recent Reform of the Insolvency Act  C.2 The Effects of Bankruptcy on Arbitral Proceedings C.3 Effect of an Award Issued before the Declaration of Bankruptcy 

C.4 Stipulation to an Arbitration Agreement after Declaration of Bankruptcy