Arbitration Reform In Italy: The Arbitrator-judge Interplay

The reform of civil proceedings introduced certain novelties aimed at aligning arbitration proceedings with the proceedings before the ordinary courts, regulating certain points of contact between the two proceedings.

In this insight, we will illustrate the novelties in this regard, relating to the hypothesis that an ordinary judgement is transferred to arbitration and vice versa and to the equivalence of judicial and arbitral claims, the challenge of the arbitral award before the judge and the recognition of foreign arbitral awards.

The Claim and Transfer of the Claim from the Judge to the Arbitrator (and vice versa)

The new Article 816-bis provides that a claim made in arbitration has the same "substantive effects" as that made in court.