Martina Lucenti
- Martina joined Portolano Cavallo in 2017. She focuses on domestic and international litigation and arbitration.
- She assists Italian and foreign clients in commercial and corporate disputes, post-M&A litigation, directors and officers’ liability suits, liability of financial and insurance intermediaries, insolvency litigation. She also assisted companies in civil actions for vicarious liability brought before criminal courts.
- Martina acted as sole arbitrator and co-arbitrator in proceedings administered by the Milan Chamber of Arbitration.
- She is a member of the International Bar Association (IBA), the International Chamber of Commerce (ICC), ArbitralWomen and of the Women’s White Collar Defence Association (WWCDA).
- She is included by Who’s Who Legal in the Arbitration Future Leaders – Partners 2023 guide.
- Before joining Portolano Cavallo, Martina worked for 12 years in the Litigation and Arbitration Department of BonelliErede, and previously at De Berti Jacchia Franchini Forlani.
- In 2005, she obtained a Diploma in English Commercial Law from the College of Law of London. In 2008, she qualified as Solicitor of the Senior Courts of England and Wales (non-practising). She graduated summa cum laude from the Università Cattolica del Sacro Cuore of Milan in 2000. She was admitted to the Italian Bar in 2003.
- She is admitted to practice before the Supreme Court of Cassation.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2003
Experience
- De Berti Jacchia Franchini Forlani (2000 - 2006)
- BonelliErede (2006 - 2017)
Membership
- International Bar Association (IBA)
- International Chamber of Commerce (ICC)
- ArbitralWomen
- Women’s White Collar Defence Association (WWCDA)
Qualifications
- Admission to the Italian Bar (2003)
- Qualified as Solicitor of the Senior Courts of England and Wales (non-practising) (2008)
Education
- Università Cattolica del Sacro Cuore of Milan – Law degree (2000)
- College of Law of London – Diploma in English Commercial Law (2005)
2 Contributions by Martina Lucenti
PRACTICE NOTES
Interim Measures in Italian-seated Arbitration after the 2023 CPC Reform: Tribunal Powers, Available Remedies, Timing, Court Support, Appeals and Enforcement
For arbitration proceedings seated in Italy and commenced after 28 February 2023, the reformed CPC (s 818) authorises arbitral tribunals to grant interim measures where the parties have agreed in advance, including by incorporating third‑party rules within their arbitral agreement, before the start of the arbitration proceeding.
The 2023 Reform
The amended CPC, s 818 now provides that arbitrators may issue interim measures only if that power is expressly conferred in either:
the arbitration agreement, also by incorporating third‑entities’ regulations (eg rules of national or international arbitral institutions); or
a written agreement entered into before the commencement of the arbitration proceeding.
As noted, this regime applies to arbitration proceedings begun after 28 February 2023. Arbitral tribunals shall have exclusive jurisdiction in relation to interim measures after the acceptance of the appointment by the tribunal. Before this moment, or if the arbitral tribunal is not expressly granted such power pursuant to CPC, s 818, the parties can apply for interim measures before the competent state court, pursuant to CPC, s 669‑quinquies. CPC, s 818‑bis provides that the parties can appeal the...
Arbitration
PRACTICE NOTES
Recognition and Enforcement of Foreign and Domestic Arbitral Awards in Italy: Procedure, Grounds for Refusal, Appeals, Costs and Timing
In Italy, the recognition and enforcement of international arbitral awards is governed by sections 839–840 of the Italian Civil Procedural Code (CPC), which gives effect to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention). The New York Convention was implemented in Italy by Law no. 62 of 19 January 1968.
Petition to the President of the Court of Appeals
Under CPC, s 839, a party wishing to enforce an international arbitral award in Italy must submit a petition to the President of the Court of Appeals for the district in which the counterparty resides. If the counterparty has no residence in Italy, the competent Court of Appeals is in Rome. With the petition, and in line with Article IV of the New York Convention, the petitioner must lodge:
the original of the award
the instrument containing the arbitration clause, and
certified Italian translations of these documents
At this stage, the other party is not summoned. Once the formal validity of the award has been verified, the President of the Court of Appeals will declare the enforceability of the...
Arbitration
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