Jurisdiction(s):
United Kingdom

Key definition

Disputes definition

What does Disputes mean? In legal practice, disputes are disagreements giving rise to potential legal rights and remedies between parties, addressed through dispute resolution including litigation, arbitration and ADR such as mediation and negotiation. The term is descriptive rather than a defined statutory concept; the substantive rights and procedures arise from statute and common law. Typical features include identification of the cause of action, applicable limitation periods, choice of jurisdiction and forum, compliance with pre-action protocols or pre-action correspondence, disclosure/discovery, evidence, settlement, costs and enforcement. Usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though civil procedure differs: CPR in England...

Interim Measures in Italian-seated Arbitration after the 2023 CPC Reform: Tribunal Powers, Available Remedies, Timing, Court Support, Appeals and Enforcement

Published by a LexisNexis Arbitration expert

Practice notes

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...

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Filippo Frigerio

Portolano Cavallo

Filippo joined Portolano Cavallo in 2015. He is an attorney-at-law in Milan and earned his Law degree at the Università commerciale Luigi Bocconi of Milan in 2015.In 2021, he attended the International Arbitration LL.M. at the University of Miami School of Law.Filippo assists both Italian and foreign clients in litigation and arbitration disputes on civil and commercial matters. He provides assistance in connection with digital media, new technologies, intermediary liability, copyright, and Italian and European legislation concerning the protection of personal data.While completing his university studies, Filippo attended courses at the University of Minnesota Law School of Minneapolis for a period of 5 months.Until 2019, he served as teaching assistant at the Università Commerciale Luigi Bocconi. Between 2017 and 2018 he served as teaching assistant for the course “Fundamentals of Information Technology Law.”In 2019, he attended the Columbia Summer Program in American Law at...

Martina Lucenti

Portolano Cavallo

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...

Web page updated on 22/05/2026

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