Comparative Guides
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Results: 4 Answers
International Arbitration
5.
The parties
5.1
Are there any restrictions on who can be a party to an arbitration agreement?
 
Italy
Any natural person or legal entity can be a party to an arbitration agreement, provided that it is entitled to dispose of the rights that are the subject matter of the arbitral proceedings.

For more information about this answer please contact: Gian Paolo Coppola from LCA Studio Legale
5.2
Are the parties under any duties in relation to the arbitration?
 
Italy
The only duty of the parties is to pay the costs of the arbitration proceedings and the fees of the arbitrators.

For more information about this answer please contact: Gian Paolo Coppola from LCA Studio Legale
5.3
Are there any provisions of law which deal with multi-party disputes?
 
Italy
Multi-party disputes are regulated under Article 816-quater of the Code of Civil Procedure (CCP), which provides that when two or more parties are bound by the same arbitration agreement, each party is entitled to sue one or all other parties in the same arbitral proceedings only if:

  • the arbitration agreement defers the appointment of the arbitrators to a third party;
  • all parties agree on the person(s) to appoint as arbitrator(s); or
  • the respondents agree on the appointment of an equal number of arbitrators as the claimant(s) or agree to have the arbitrator(s) appointed by a third party.

Otherwise, the claimant must start separate arbitration proceedings against each respondent, unless the relevant law prescribes that all parties to a dispute must participate in a single action. In this case, the arbitral proceedings cannot proceed and, as a consequence, the competent courts will regain jurisdiction over the relevant dispute.

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