Comparative Guides
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Results: 4 Answers
International Arbitration
2.
Arbitrability and restrictions on arbitration
2.1
How is it determined whether a dispute is arbitrable in your jurisdiction?
 
Italy
The arbitrability of disputes is determined based on their subject matter: disputes concerning disposable rights are arbitrable, whereas disputes concerning rights which are not disposable are not (see Article 806 of the Code of Civil Procedure (CCP)), save as otherwise provided by law. Generally speaking, disposable rights can be assigned, transmitted, waived or settled; the disposable nature of a right may be clarified either by law or by case law.

As an example, disposable rights include matters regarding the performance of an agreement, whereas rights which are not disposable might relate to criminal law, personality and certain family law matters.

According to Article 808-bis of the CCP, non-contractual disputes may also be settled through arbitration.

For more information about this answer please contact: Gian Paolo Coppola from LCA Studio Legale
2.2
Are there any restrictions on the choice of seat of arbitration for certain disputes?
 
Italy
According to Article 816 of the CCP, the seat of arbitration proceedings shall be in Italy. This is the only restriction provided by law.

For more information about this answer please contact: Gian Paolo Coppola from LCA Studio Legale