Italy - Baker & McKenzie International Arbitration Yearbook: 2011-2012

Author(s):

Gianfranco Di Garbo

Page Count:

8 pages

Media Description:

PDF from "The Baker & McKenzie International Arbitration Yearbook: 2011-2012"

Published:

March, 2012

Jurisdictions:

Italy

Practice Areas:

Amendments and Rectification,

Contents of Arbitration Agreement,

Bankruptcy of a Party

Author Detail:

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.

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Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

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ITALY
Gianfranco Di Garbo

A. LEGISLATION, TRENDS AND TENDENCIES

As an implementation of the European Mediation Directive 2008/52/EC, effective as of 20 March 2011, Legislative Decree No. 28 of 4 March 2011 (the “Decree”) has introduced a new mediation process that is mandatory for disputes involving:

• rights in rem,
• division of assets,
• inheritance,
• family agreements,
• lease of real estate or of ongoing businesses,
• loans,
• insurance and banking contracts and other financial contracts, and
• tort actions on defamatory statements in the media.

As of 20 March 2012, mediation will also become mandatory for disputes relating to damages arising out of automobile and nautical accidents and disputes concerning co-ownership of real estate.

The mediation procedure established under the Decree can only be brought before authorized mediation bodies that are included in a register maintained by the Ministry of Justice. Mediation is now a pre-condition for the commencement of court proceedings in all disputes covered by the Decree. Although the new law

Table of Contents:

ITALY
Gianfranco Di Garbo

A. Legislation, Trends and Tendencies
B. Cases
B.1 Enforceability of an Arbitral Award against the Public Administration
B.2 Arbitration and Insolvency Procedure
B.3 Rules of Procedure in Arbitration Proceedings
B.4 Arbitration Clause in International Arbitration
C. Public Policy in International Arbitration
C.1 Relevance of Public Policy in the Enforcement of Arbitral Awards
C.2 The Meaning of "Public Policy" under Italian Law
C.3 Examples of Breaches of Substantive Public Policy
C.4 Examples of Breaches of Procedural Public Policy