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ARTICLE · 04 DECEMBER 2014

Changes To Italian Civil Proceedings In Italy

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On 6 November 2014, the Italian Parliament approved a bill to improve the efficiency of civil proceedings. The new rules are effective from 10 November 2014.

ItalyLitigation, Mediation & Arbitration
Peter Wood
Peter Wood
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On 6 November 2014, the Italian Parliament approved a bill to improve the efficiency of civil proceedings. The new rules are effective from 10 November 2014.

Please see below a brief summary of the main changes:

Transfer of a pending lawsuit to arbitration. In civil proceedings pending before the lower courts and courts of appeal, the parties will be able to request jointly that the case be submitted to and adjudicated by an arbitration tribunal, unless the dispute relates to non-negotiable rights, employment matters or social security issues. The revised rules regarding arbitrators' fees will be set by a separate ministerial decree.

Assisted Dispute Resolution. Assisted Dispute Resolution is a procedure in which the parties, facilitated by one or more lawyers, agree to cooperate in good faith to resolve a dispute, thus avoiding litigation. Under the new legislation, as a necessary prelude to litigation, any party seeking compensation for damages caused by the

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