Arbitration in Italy: An Overview

Following the Cartabia Reform, Italian arbitration is set apart by a codified civil law tradition which is complemented by legislative updates.

Italian law recognises a hybrid model, whereby mandatory arbitration is applicable in certain regulated sectors. In that form, arbitration departs from its traditionally consensual focus. The Italian legislature progressively introduces forms of mandatory arbitration, particularly in sectors where consumer protection and market supervision are priorities (such as banking and insurance). 

In Italy, the most commonly chosen arbitral institutions include the Chamber of Commerce, the National Bar Council, and the Italian Arbitration Association (AIA). Each offers a distinct procedural style. For instance, Milan's Chamber is increasingly chosen for high-value international commercial disputes, thanks to its bilingual processes and pragmatic approach to deadlines.

The general principle of “onus probandi incumbit ei qui dicit” (the burden of proof rests with the claimant) applies equally in arbitration as in litigation. Arbitrators, however, are typically vested with a high degree of discretion in managing evidence and guiding the production of documents. Italian arbitration increasingly allows for disclosure following reasoned requests, and arbitrators often order production where possession, relevance and necessity are demonstrated. Arbitrators may order a party to produce documents in its possession, provided relevance and necessity are demonstrated.

Greater weight is generally attached to documentary evidence, but witness testimony and court-appointed technical experts often play a crucial role in complex cases such as engineering disputes or medical malpractice arbitrations.

Awards are generally binding and enforceable upon filing with the competent court registry. Italian law recognises both "Ritual Arbitration" (arbitrato rituale), enforceable under Article 825 of the Italian Code of Civil Procedure, and "Informal Arbitration (arbitrato irrituale), whereby arbitrators issue a decision akin to a contractual determination rather than a judicial award, which is enforceable only through specific performance. 

Italy is signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) and recognises and enforces foreign arbitral awards subject to the principle of reciprocity and limited grounds for refusal under Article V of the Convention. A summary judicial procedure before the Italian Court of Appeal is required to enforce a foreign arbitral award.

Appeals can only be brought on a limited number of specific legal grounds including lack of jurisdiction, violation of due process or the right to defence, breach of mandatory rules or absence or inconsistency of reasoning. In addition, since the Cartabia Reform parties may agree (in the arbitration clause) to permit appeals on points of law.