Reform of Jurisdictional Rules

The Law of June 3, 1995, no. 218, has created significant changes in the rules according to which jurisdiction is determined in Italy.

Previous law (now-abrogated Article 2 of the Code of Civil Procedure) invalidated any attempt to avoid Italian jurisdiction, and thus a choice of forum or arbitration clause selecting a forum outside of Italy could not bind an Italian resident. Article 4.2 of Law 218/1995 reverses this and allows parties otherwise subject to Italian jurisdiction to choose a court or arbitration outside of Italy as forum for the resolution of any disputes.

Previous law (now-abrogated Article 3 of the Code of Civil Procedure) allowed Italian courts to disregard foreign legal proceedings. Article 7.1 of Law 218/1995 reverses this, and orders Italian courts to suspend proceedings whenever a case is pending abroad before the same parties, filed before the Italian proceedings, on the same subject matter, which may have effect for the Italian court. Suspension is also