Judicial Control of Arbitral Awards in Italy

in Larry diMatteo, Marta Infantino, Nathalie Potin (eds.), The Cambridge Handbook of Judicial Control over Judicial Awards, CUP: Cambridge, 2020, 257-274

20 Pages Posted: 18 Jan 2023

Date Written: August 16, 2020

Abstract

Since antiquity, arbitration is well known in the Italian peninsula. Despite the fact that current Italian rules on arbitration are largely in line with those of other jurisdictions, as well as with international legal standards, Italy is generally perceived as a non-friendly arbitration country. This chapter will therefore delve into the historical and current general features of Italian arbitration law, to investigate the factors underlying the Italian way to arbitration, and in particular the attitude by Italian courts towards arbitral proceedings and awards. As this survey will make clear, Italy’s bad reputation in the field is most likely a remnant of the most recent past, and is nowadays in great part undeserved.

Keywords: Italian law, arbitration law, judicial control of arbitral awards

JEL Classification: K

Suggested Citation

Infantino, Marta, Judicial Control of Arbitral Awards in Italy (August 16, 2020). in Larry diMatteo, Marta Infantino, Nathalie Potin (eds.), The Cambridge Handbook of Judicial Control over Judicial Awards, CUP: Cambridge, 2020, 257-274, Available at SSRN: https://ssrn.com/abstract=4325265

Marta Infantino (Contact Author)

University of Trieste ( email )

Piazzale Europa, 1
Trieste, Trieste 34100
Italy

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