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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2024-2025 – Italy

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A. LEGISLATION AND RULES A.1 Legislation The regulations governing arbitration proceedings in Italy are found in the Italian Code of Civil Procedure (ICCP). Specifically, domestic and international arbitration are regulated by ICCP articles 806 to 832, while the recognition and enforcement of foreign awards are regulated in ICCP articles 839 and 840. On 28 February 2023, the “Cartabia Reform” (“Reform”), enacted by the Italian Legislative Decree No. 149 of 2022 (“Decree”), entered into force, introducing…

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In Europe

Baker McKenzie International Arbitration Yearbook 2021-2022 – Italy

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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). Specifically, 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.[1] On 26 November 2021, the parliament enacted Law no. 206/2021, which delegated the Italian government to adopt within one year (thus, by…

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In Arbitration Procedure

Italy: State courts’ decisions on appointments and removals of arbitrators are not subject to extraordinary appeal

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Article 111(7) of the Italian Constitution grants parties with the right to file an extraordinary appeal with the Supreme Court on grounds of error in law against any state court final decision regarding personal freedom. The reference to personal freedom would seem to limit the scope of the remedy to criminal actions. However, already in 1948, the Supreme Court of Cassation extended the availability of the appeal to civil proceedings and, in particular, infringement of…

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In Consent to Arbitrate

Italy withdraws from Energy Charter Treaty

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The Italian government has recently declared its withdrawal from the Energy Charter Treaty (“ECT”). The ECT is a multilateral treaty between 53 countries across the world. It aims at establishing a legal framework to promote cross-border cooperation and investment in the energy sector. The Treaty contains, amongst others, provisions regarding the trade with and the transit of energy between the member states, the protection of foreign investments and the settlement of disputes. Officially, the Italian…

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