A. LEGISLATION AND RULES A.1 Legislation Arbitration in Italy is governed by articles 806 to 840 of the Italian Code of Civil Procedure (ICCP). In more detail, domestic and international arbitration are regulated by ICCP articles 806 to 832, while the recognition and enforcement of foreign awards are governed by ICCP articles 839 and 840. On 10 October 2022, Legislative Decree no. 149 of 2022 (“Decree”) was enacted by the Italian Government, delegated by the…
A. LEGISLATION AND RULES A.1 Legislation Arbitration in Italy is governed by articles 806 to 840 of the…
ITALY Lorenzo de Martinis, Silvia Picchetti and Gaetano Iorio Fiorelli A. LEGISLATION AND RULES A.1 Legislation Arbitration in…
ITALY Lorenzo de Martinis, Silvia Picchetti and Gaetano Iorio Fiorelli A. LEGISLATION AND RULES A.1 Legislation Arbitration in Italy continues to be governed by articles 806 to 840 of the Italian Code of Civil Procedure (ICCP), which has been significantly impacted and amended by the reform enacted with Law No. 80/2005 and Legislative Decree No. 50/2005.[1] Specifically, domestic and international arbitration are governed by articles 806 to 832 ICCP, while the enforcement of foreign awards…
Article 111(7) of the Italian Constitution grants parties with the right to file an extraordinary appeal with the…
The Comprehensive Economic and Trade Agreement (‘CETA’) between the European Union and Canada was signed October 30, 2016.…
In Albaniabeg Ambient Sh.p.k. v. Enel S.p.A. and Enelpower S.p.A., No. 15 Civ. 3283 (S.D.N.Y. Mar. 11, 2016), the District Court for the Southern District of New York concluded that Section 203 of the FAA and the New York Convention do not provide subject matter jurisdiction over actions to enforce a foreign court’s judgment, even where a party contends that the foreign judgment is inconsistent with an earlier arbitral award or agreement to arbitrate. In…
The Italian government has recently declared its withdrawal from the Energy Charter Treaty (“ECT”). The ECT is a…