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…
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…
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…
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 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…