Precautionary Measures In International Arbitration In Italy

International arbitration is an effective means to resolve disputes between two or more parties from different countries without resorting to national courts.

In the context of international arbitration, precautionary measures serve to preserve the rights and interests of the parties involved through the adoption of urgent measures.

In Italy, the possibility for arbitrators to issue provisional measures has for years been a very limited exception, relating only to the so-called corporate procedure.

The reform, which came into force on February 28, 2023 (known as the Cartabia Reform), has finally made it lawful for arbitrators to issue precautionary measures.

The singular and general prohibition, unique in Europe, present in Italian legislation, was one of the most anomalous characteristics of Italian arbitration law.