Italy

Abstract This chapter discusses the arbitration system of Italy. It first provides a historical background on Italy’s arbitration law and an overview of the current status of the law before explaining the distinction between national and international arbitration, along with the practice of arbitration in the country. It then considers the jurisdiction of the arbitral tribunal, focusing on the arbitration agreement itself, the issue of arbitrability in the context of international arbitration (‘personal arbitrability’, ‘objective arbitrability’), decision on the arbitral tribunal’s jurisdiction (‘competence-competence’), and enforcement of an arbitration agreement within or by way of court proceedings. The constitution of the arbitral tribunal (eg, number and qualification of arbitrators, appointment of arbitrators) is also examined, along with the arbitral procedure, the process of rendering the arbitral award, and the question of liability of arbitrators. The chapter concludes with an analysis of procedures for enforcement of national and foreign awards in Italy.