Portolano Cavallo

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Martina Lucenti
Martina Lucenti

Portolano Cavallo

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2 Contributions by Portolano Cavallo Experts

Interim Measures in Italian-seated Arbitration after the 2023 CPC Reform: Tribunal Powers, Available Remedies, Timing, Court Support, Appeals and Enforcement
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
Arbitration
Recognition and Enforcement of Foreign and Domestic Arbitral Awards in Italy: Procedure, Grounds for Refusal, Appeals, Costs and Timing
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
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