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Italy - Arbitration (Title VIII of Book IV of the Italian Code of Civil Procedure)
Sources:International Trade Law, Time:2012-08-06 16:56, Click:, Comment
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Italy - Arbitration (Title VIII of Book IV of the Italian Code of Civil Procedure)

 

Italy - Arbitration (Title VIII of Book IV of the Italian Code of Civil Procedure)

 

Lex Mercatoria

Arbitration

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Italy - Arbitration (Title VIII of Book IV of the Italian Code of Civil Procedure) { 1 } 

Chapter I - Submission to Arbitration and Arbitration Clause { 2 } 

Article 806 - Submission to Arbitration { 3 } 

Article 807 - Form of the Submission to Arbitration { 5 } 

Article 808 - Arbitration Clause { 9 } 

Article 809 - Number and Manner of Appointment of Arbitrators { 13 } 

Chapter II - The Arbitrators { 17 } 

Article 810 - Appointment of the Arbitrators { 18 } 

Article 811 - Replacement of Arbitrators { 22 } 

Article 812 - Capacity to Act as Arbitrator { 24 } 

Article 813 - Acceptance and Duties of the Arbitrators { 27 } 

Article 814 - Rights of the Arbitrators { 31 } 

Article 815 - Challenge of the Arbitrators { 35 } 

Chapter III - The Proceedings { 38 } 

Article 816 - Course of the Proceedings { 39 } 

Article 817 - Objection of Lack of Jurisdiction { 46 } 

Article 818 - Interim Measures of Protection { 48 } 

Article 819 - Incidental Issues { 50 } 

Article 819-bis Connected Cases (Connessione) { 54 } 

Article 819-ter Hearing of Witnesses { 57 } 

Chapter IV - The Award { 60 } 

Article 820 - Time-Limit for the Decision { 61 } 

Article 821 - Relevance of the Expiry of the Time-Limit { 66 } 

Article 822 - Rules for the Deliberation [of the Award] { 68 } 

Article 823 - Deliberation of and Requirements for the Award { 70 } 

Article 824 - Place of Decision { 81 } 

Article 825 - Filing of the Award { 83 } 

Article 826 - Correction of the Award { 90 } 

Chapter V - Means of Recourse { 94 } 

Article 827 - Means of Recourse { 95 } 

Article 828 - Recourse for Setting Aside { 99 } 

Article 829 - Grounds for Setting Aside { 104 } 

Article 830 - Decision on the Recourse for Setting Aside { 117 } 

Article 831 - Revocation and Third Party Opposition { 121 } 

Chapter VI - International Arbitration { 127 } 

Article 832 - International Arbitration { 129 } 

Article 833 - Form of the Arbitration Clause { 132 } 

Article 834 - Rules Applicable to the Merits { 135 } 

Article 835 - Language of the Arbitration { 138 } 

Article 836 - Challenge of the Arbitrators { 140 } 

Article 837 - Deliberation of the Award { 142 } 

Article 838 - Recourse { 144 } 

Chapter VII - Foreign Awards { 146 } 

Article 839 - Recognition and Enforcement of Foreign Arbitral Awards { 147 } 

Article 840 - Opposition { 154 } 

 

Italy - Arbitration (Title VIII of Book IV of the Italian Code of Civil Procedure)

 

{ 1 } 

 

Chapter I - Submission to Arbitration and Arbitration Clause

 

{ 2 } 

 

Article 806 - Submission to Arbitration

 

{ 3 } 

The parties may have the disputes arising between them decided by arbitrators, with the exception of the disputes provided for in Articles 409 and 442, 1 those concerning issues of personal status and marital separation and those other disputes which may not be the subject of a settlement.

 { 4 } 

 

Article 807 - Form of the Submission to Arbitration

 

{ 5 } 

The submission to arbitration shall, under penalty of nullity, be made in writing and shall indicate the subject matter of the dispute.

 { 6 } 

The written form requirement is considered complied with when the intention of the parties is expressed by telegram or telex .

 { 7 } 

The submission to arbitration is subject to the provisions governing the validity of contracts which go beyond administration in the ordinary course of business.

 { 8 } 

 

Article 808 - Arbitration Clause

 

{ 9 } 

The parties may establish in their contract or in a separate document that the disputes arising out of the contract be decided by arbitrators, provided that such disputes may be the subject of a submission to arbitration. The arbitration clause shall be contained in a document meeting the formal requirements for a submission to arbitration according to Article 807, paragraphs 1 and 2 .

 { 10 } 

The disputes indicated in Article 409 may be decided by arbitrators only if this is provided for in the collective labour contracts and agreements, on the condition, under penalty of nullity, that this occurs, without prejudice to the parties right of recourse to the judicial authorities. The arbitration clause contained in collective labour contracts and agreements or in individual labour contracts is null and void when it authorizes the arbitrators to decide ex aequo et bono or when it declares the award not to be subject to recourse.

 { 11 } 

The validity of the arbitration clause shall be evaluated independently from the underlying contract; nevertheless, the capacity to enter into the contract includes the capacity to agree to the arbitration clause .

 { 12 } 

 

Article 809 - Number and Manner of Appointment of Arbitrators

 

{ 13 } 

There may be one or more arbitrators, provided that their number is uneven.

 { 14 } 

The submission to arbitration or the arbitration clause shall contain the appointment of the arbitrators or establish their number and the manner in which they are to be appointed.

 { 15 } 

Where an even number of arbitrators is indicated, the additional arbitrator shall be appointed by the President of the Court (tribunale) in the manner specified in Article 810, unless the parties have agreed otherwise. Where the number of arbitrators is not indicated and where the parties do not agree thereon, there shall be three arbitrators and, failing their appointment, the President of the Court (tribunale) shall proceed therewith in the manner specified in Article 810, unless the parties have provided otherwise .

 { 16 } 

 

Chapter II - The Arbitrators

 

{ 17 } 

 

Article 810 - Appointment of the Arbitrators

 

{ 18 } 

Where, in accordance with the provisions of the submission to arbitration or of the arbitration clause, the arbitrators are to be appointed by the parties, each party, by means of a bailiffs notification may inform the other party of its appointment of an arbitrator or arbitrators and request said other party to name its own arbitrators. The party so requested shall, within twenty days, serve notice of the personal data regarding the arbitrator or arbitrators appointed by it.

 { 19 } 

Failing this, the party which has made the request may petition the President of the Court (tribunale) in whose district the arbitration has its seat, to make the appointment. If the parties have not yet determined the seat of arbitration, the petition is presented to the President of the Court (tribunale) in the place where the submission to arbitration or the contract to which the arbitration clause refers has been executed or, if such place is abroad, to the President of the Court (tribunale) of Rome . The President, having heard the other party where necessary, shall issue his order against which there shall be no recourse.

 { 20 } 

The same provision is applied where the submission to arbitration or the arbitration clause has entrusted the appointment of one or more arbitrators to the judicial authority or where, if entrusted to a third party, that third party has failed to act.

 { 21 } 
 

 

Italy - Arbitration (Title VIII of Book IV of the Italian Code of Civil Procedure) 2

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