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ARTICLE · 02 MARCH 2023

The Italian Arbitration Reform - The New Arbitrators' Power To Grant Interim Measures

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The most significant development has been the attribution to arbitrators of the power to grant interim measures, which has been implemented by entirely amending Article 818 of the Italian...

ItalyLitigation, Mediation & Arbitration
Cristina Pagni
Cristina Pagni
Andrea Ricci
Andrea Ricci
Matilde Rota
Matilde Rota
Camilla Gambarini
Camilla Gambarini
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The recently introduced reform on arbitration1 has laid down principles and guidelines for restyling the Italian arbitration framework aimed at enhancing Italy's attractiveness in the international arbitration market.

The most significant development has been the attribution to arbitrators of the power to grant interim measures, which has been implemented by entirely amending Article 818 of the Italian Code of Civil Procedure ("ICCP") and by incorporating two new Articles (818-bis and 818-ter) into the ICCP, to regulate respectively the challenge and the enforcement stages of the interim measures granted.

Previous attempts to introduce this long-awaited reform were unsuccessful. The reform therefore represents a radical change of direction with respect to the previous prohibition for arbitrators to grant interim measures, thus filling a gap that distinguished our system from virtually any other jurisdiction (including those geographically and culturally closer

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