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International Arbitration in Italy by BENEDETTELLI

International Arbitration in Italy

By Massimo V. Benedettelli
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Overview

International Arbitration in Italy is the first commentary on international arbitration in Italy ever written in English. Since centuries, arbitrating cross-border business disputes has been common practice in Italy, which makes the Italian arbitration law and jurisprudence expansive and sophisticated. Italian courts have already rendered thousands of judgments addressing complex problems hidden in the regulation of arbitration. Italian jurists have been among the outstanding members of the international arbitration community, starting from when, back in 1958, Professor Eugenio Minoli was among the promoters of the New York Convention. Italy being the third-largest economy in the European Union and the eighth-largest economy by nominal GDP in the world, it also comes as no surprise that Italian companies, and foreign companies with respect to the business they do in the Italian market, are among the leading ‘users’ of international arbitration, nor that Italy is part to a network of more than 80 treaties aimed to protect inbound and outbound foreign direct investments and being the ground for investment arbitration cases. Moreover, in recent years, Italy has risen to prominence as a neutral arbitral seat, in particular for the settlement of ‘intra-Mediterranean’ disputes, also thanks to the reputation acquired by the Milan Chamber of Arbitration which has become one of the main European arbitral institutions.  
 

What’s in this book:
Dealing also with the ‘theory’ of international arbitration, this pioneering book elucidates original solutions offered by Italian arbitration law to various complex issues, such as:

  • the potential conflicts (and required balance) between party autonomy and State sovereignty in the governance of arbitrations;
  • the relationship between the New York Convention and the legal system of the State of the arbitral seat;
  • the potential impact on cross-border arbitrations of insolvencies, human rights, or European Union law;
  • the arbitrability of corporate disputes;  
  • the extension of arbitration agreements to ‘necessary/indispensable parties’.

Appendixes include an English translation of the main provisions of Italian law relevant to arbitration, a list of the investment protection treaties to which Italy is a party, and an English version of the Rules of Arbitration of the Milan Chamber of Arbitration.
 

How this will help you:
This spearhead book will prove to be an indispensable tool for arbitrators, counsel, experts, officers of arbitral institutions and judges who happen to be involved in arbitral proceedings or arbitration-related court proceedings somewhat linked to the Italian legal system, either because Italy is the seat of the arbitration, the Italian jurisdiction has been ousted by a foreign-seated arbitration, the assistance of Italian courts is sought for the granting of interim measures or the enforcement of a foreign award or the arbitration results from a multilateral or bilateral investment protection treaty to which Italy is a party. This book may also be of general interest for scholars and practitioners of international arbitration at large in light of the solutions it proposes on various general issues of international arbitration law.

Publish Date 12/16/2020
Product Line Kluwer Law International
ISBN 9789041138019
SKU 10057980-0002
Table of Contents

Foreword

Preface

Acknowledgements

Note to the Readers

List of Abbreviations

CHAPTER 1
International Arbitration and Italian Law

CHAPTER 2
Arbitration and Italian Courts

CHAPTER 3
The Arbitration Agreement

CHAPTER 4
The Arbitral Tribunal

CHAPTER 5
The Arbitral Proceedings

CHAPTER 6
Provisional Measures

CHAPTER 7
The Law Applicable to the Merits

CHAPTER 8
Costs of the Arbitration

CHAPTER 9
The Arbitral Award

CHAPTER 10
Challenges of Arbitral Awards

CHAPTER 11
Recognition and Enforcement of Foreign Arbitral Awards

CHAPTER 12
Italian Law and Investment Arbitration

Appendices

APPENDIX I
Main Provisions of Italian Law on Arbitration

APPENDIX II
Rules of Arbitration of the Milan Chamber of Arbitration

APPENDIX III
List of Bilateral Investment Protection Treaties in Force Between Italy and Other Countries

Reference Books

Index

Testimonials

See what our clients are saying:

"A thoughtful and timely contribution to the literature of international arbitration, which is required reading for all scholars, practitioners and students in the field.  A real accomplishment."

Gary B. Born / Chair, International Arbitration Practice Group / WilmerHale

"This comprehensive treatise provides a valuable guide to Italian arbitration law.  It covers the essential framework issues, including the arbitration agreements, the appointment and challenge to arbitrators, arbitrators and the procedure to be followed.   It also describes the role and availability of the Italian courts to support the arbitration process in Italy, to provide interim relief and recognizing and enforcing arbitration agreements and foreign awards in Italy. Written in clear and practical language, this treatise covers all aspects of the law applicable to arbitrations in Italy.  It is an essential tool for English speaking lawyers involved in arbitrations in Italy and to inhouse counsel considering Italy as a seat for arbitration or wanting to understand the workings of Italian arbitration law."

Professor Julian DM Lew QC / Arbitrator, Twenty Essex & Professor of International Arbitration and Head of the School of International Arbitration, Centre for Commercial Law Studies, Queen Mary University of London. 

“This volume does provide a complete and up-to-date picture of the Italian arbitration law, jurisprudence and praxis. The author offers an in-depth study of the Italian latest developments, based not only on a solid scientific analysis but also on an extensive practice and experience in arbitration. No doubt that this book will be an indispensable resource for anyone active in arbitration, either as practitioners and as scholars, dealing with Italy and with its growing arbitration environment”

Stefano Azzali, Secretary General, Milan Chamber of Arbitration

“Italy is an important player in international arbitration. Arbitrators and counsel will be most happy to finally have at their disposal a treatise on the theory and practice of arbitration in Italy written in the English language. Professor Benedettelli’s treatise is brilliant and comprehensive. It deals with every single aspect of the law of arbitration in Italy with useful references to the relevant statutes, jurisprudence and doctrinal authorities. It is an absolute must for every arbitration practitioner.”

Bernard Hanotiau,  Hanotiau & van den Berg

"International Arbitration in Italy contains everything one might need to know – in English – about the impact of Italian law on the resolution of cross-border disputes by arbitral tribunals, either because the seat is Italy, the assistance of Italian courts is sought for interim measures or enforcement of arbitration agreements or arbitral awards, or the dispute arises from an investment treaty to which Italy is a party. Professor Benedettelli covers and integrates some 1,000 court judgments, the main Italian treatises, and hundreds of legal articles, all from the perspective of international arbitration practice. In so doing, he examines whether and how Italian law conforms to international norms or, instead, requires adaptation of those norms to comply with mandatory Italian legal rules and principles – often unknown to non-Italian lawyers and arbitrators."

Lucy Ferguson Reed / International Arbitrator & President of ICCA (2020-22) / Arbitration Chambers

"A truly authoritative textbook and a much-needed publication, which mixes rigorous academic explanations, practical insights for practitioners and original theories of law. From the arbitration agreements to the award enforcement, from bankruptcy law to investment arbitration, nothing has been left aside. Definitely a must-have for all those involved in arbitration with Italian parties, Italian law or more generally interested in the theory of international arbitration."

Alexis Mourre / Independent Arbitrator and President of the ICC Court of Arbitration

“Massimo Benedettelli’s book will make a fantastic contribution to every decent arbitration library. The book contains a comprehensive, profound and at the same time accessible compendium to arbitration in (and relating to) Italy. It is incredibly valuable to be able to access both practice and scholarship in a significant jurisdiction by means of an English textbook, and this access in turn will undoubtedly enhance the attractiveness of Italy as a seat of and source of arbitration.”

Jacomijn van Haersolte-van Hof, Director General of the London Court of Arbitration

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