Italian arbitration in 2022

2022 has been an exciting year for Italian arbitration practitioners.

First, in 2022 was enacted the reform of Italian arbitration law, which will enter into force on 1 March 2023.  It is the first significant reform since that passed in 2006.  It is worth immediately noting that:

• Italian arbitration law will impose specific disclosure duties on the appointed arbitrators. The influence of international best practices is evident, and the fulfilment of the said duties will likely avoid the occurrence of events such as those discussed in BEG v. Italy, and
• Italy finally leaves the restricted club of jurisdictions not allowing arbitrators to issue interim measures.

Second, Italian practitioners had to brush up on seasoned precedents on the arbitrability of disputes involving a party affected by trade sanctions.  Italian Courts dealt with this matter concerning the sanctions against certain Iraqi entities; the same principles will likely apply to the sanctioned Russian entities.

Third and eventually, Italian institutional arbitration is in sharp expansion.  The time is still far when Italian administered arbitrations will outnumber ad hoc proceedings.  Nonetheless, Italian arbitral institutions, particularly the leading institution (Milan Chamber of Arbitration), significantly contributed to shaping the landscape for domestic and international cases.