Jurisdiction(s):
United Kingdom

Key definition

Arbitration definition

What does Arbitration mean? Arbitration is a private process where parties resolve disputes by one or more arbitrators who issue a final, binding award instead of a court judgment. It is consensual, usually agreed by an arbitration clause, and the law of the seat governs the procedure (lex arbitri). In England and Wales and Northern Ireland, the Arbitration Act 1996 applies. Courts stay court proceedings in favour of arbitration, provide support, and enforce awards; challenges are limited to lack of jurisdiction (s.67), serious irregularity (s.68) and, unless excluded, appeal on a point of law (s.69). In Scotland, the Arbitration (Scotland) Act 2010 provides a similar...

Italy: state immunity in arbitration—jurisdiction, enforcement against assets, waivers, UN/EU interplay, and the Cartabia Reform

Published by a LexisNexis Arbitration expert

Practice notes

This Practice Note reviews how state immunity intersects with arbitration proceedings in Italy. For a general introduction to state immunity and arbitration, see Practice Note: State immunity and arbitration—general considerations. For Practice Notes on state immunity across multiple jurisdictions (including England and Wales), consult our state immunity subtopic: State immunity and arbitration—overview.

The Italian approach to state immunity

Italy has long contributed to the development of the doctrine of state immunity, moving from an absolute model—anchored in the traditional principle par in parem non habet iudicium—towards a more refined restrictive approach. Italian courts, together with their Belgian counterparts, were among the first to challenge absolute immunity in the early twentieth century.

At present, Italy follows the restrictive doctrine, limiting immunity to acts performed iure imperii—namely, manifestations of sovereign authority—while excluding acts undertaken iure gestionis, including those of a commercial or private-law character. Consequently, a foreign state may not rely on immunity for matters such as purchasing goods or services, borrowing funds (including through the issue of bonds), or employment...

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Ivett Paulovics

Avv. Ivett Paulovics Law Firm

Lawyer in Italy (avvocato) and Hungary (ügyvéd) specialising in intellectual property, technology, international business law, and alternative dispute resolutionArbitrator in intellectual property and international business lawMediator of civil and commercial disputesDomain Name Panelist at Asian Domain Name Dispute Resolution Centre (Hong Kong), Canadian International Internet Dispute Resolution Centre (Canada), Czech Arbitration Court – Arbitration Center for Internet Disputes (Czech Republic), and FORUM (USA)External consultant and author of studies for the European Commission on technology and intellectual property law: Study on on intellectual property domain name information and alert system (geographical indications and domain names) 2023; Study on Domain Name System (DNS) abuse 2022; Study on evaluation of practices for combating speculative and abusive domain name registrations 2020Previously Uniform Rapid Suspension System (URS) Domain Dispute Case Manager at MFSD Srl Intellectual Property Dispute Resolution Center...

Web page updated on 21/05/2026

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