Italy - Baker & McKenzie International Arbitration Yearbook: 2012-2013
Gianfranco Di Garbo is a Partner in Baker & McKenzie’s Milan office and coordinator of the office’s Dispute Resolution Practice Group. He is a member of the Firm’s European and Global Dispute Resolution Practice Groups. His practice concentrates on litigation and arbitration, and as of January 2013, he is serving as Honorary Judge of the Court of Lecco (Milan).
Emanuela Banfi is an Associate in Baker & McKenzie’s Milan office and a member of the Firm’s European and Global Dispute Resolution Practice Groups.
A. LEGISLATION, TRENDS AND TENDENCIES
A.1 The Italian Constitutional Court Declares Compulsory Mediation Illegitimate in Civil and Commercial Disputes On 24 October 2012, the Italian Constitutional Court declared invalid the provision of Legislative Decree n. 28 dated 4 March 2010, which had implemented a compulsory mediation procedure for the resolution of certain disputes (Article 5.1 of the “Decree”).
The Decree—which implemented in Italy the European Mediation Directive (2008/52/EC) published on 21 May 2008 as part of the European initiative to promote and regulate the development of mediation throughout the EU—was aimed at reducing the overload on the Italian legal system by the introduction of a two-fold mediation procedure: (i) a noncompulsory procedure that applies to any civil and commercial litigation (Article 2.1, introduced on 20 March 2010); and (ii) a compulsory procedure that applied to any litigation in relation to insurance, banking and financial agreements, joint ownership, property rights, division of assets, hereditary and family law, leases in general, gratuitous loans, leases of going concerns, medical liability or defamation.
A. Legislation, Trends and Tendencies
A.1 The Italian Constitutional Court Declares Compulsory Mediation Illegitimate in Civil and Commercial Disputes
B.1 Arbitration Clauses in International Arbitration
B.2 Binary Arbitration Clauses in International Arbitration
B.3 Arbitration Clauses in Corporate Arbitration
B.4 Recourse for Nullity of the Arbitral Award
B.5 The Interpretation of the Arbitral Clause
C. The Grant and Enforcement of Interim Measures in International Arbitration
C.1 Tribunal-Ordered Interim Measures
C.2 Court-Ordered Interim Measures
C.3 Enforcement of Interim Measures