Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
International Arbitration
2.
Arbitrability and restrictions on arbitration
2.1
How is it determined whether a dispute is arbitrable in your jurisdiction?
Italy

Answer ... 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

Answer ... 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
Contributors
Topic
International Arbitration