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ARTICLE · 14 OCTOBER 2021

International Arbitration Law And Rules In Italy

CMS Adonnino Ascoli & Cavasola Scamoni
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Even though political debates have focused for years on the issue of shortening the duration of trials in court proceedings, statistics indicate that Italy is still one the EU countries with the longest length of trials.

ItalyLitigation, Mediation & Arbitration

Even though political debates have focused for years on the issue of shortening the duration of trials in court proceedings, statistics indicate that Italy is still one the EU countries with the longest length of trials. For this reason, the use of arbitration seems to be an increasingly preferable option.

1. LEGISLATIVE FRAMEWORK

1.1 Code of Civil Procedure - Book IV, Title VIII, Articles 806-840 (CPC)

1.1.1 Arbitration in Italy is governed by the CPC rules, which are structured as follows.

Chapter I

1.1.2 Articles 806-808 (quinquies) provide general rules on the arbitration agreement (i.e. formal requirements, arbitrability, effects and interpretation of the arbitration agreement) as well on the so called arbitrato irrituale or free arbitration.

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