Arbitration in Bologna, Italy
Dimarco and Partners International Law Firm
Our lawyers in Bologna are specialized in arbitration procedures and disputes. This is a method of resolution of civil and commercial domestic and international disputes. Often in commercial contracts, concerning the international sale of goods, the parties agree on an arbitration clause. This means that the competence concerning these contracts does not belong to the ordinary judge (the Civil Court of Bologna), but, differently, from an arbitration organism (normally the Chamber of Commerce) appointed by the parties.
Our Law Firm assisted during the years many important foreign companies in international arbitrations in Bologna and other italian cities, leading to important cross-border transactions.
The advantage of an arbitration procedure, compared to the judicial court trial, is that it is low time consuming and at its end it is possibile to reach a decision (lodo) that has the same enforceability of a court judgement. The main disadvantage concerns the higher costs for the arbitrators, for the arbitration institution and for the attorneys.
Concerning the object of the arbitration, the art. 806 of the italian civil procedure code establish that "the parties may submit to arbitration the disputes that does not concern personal human rights". In order to have the competence of the arbitration organism, it is necessary, according to art. 807 of the italian civil procedure code, that the parties agreed in writing the arbitration clause contained in the contract. Basically any contractual aspects could be solved in the arbitration procedures.
It is possible to choose in Italy between two different types of arbitrations:
1. Ritual arbitration in Bologna (arbitrato irrituale): it is the main form of arbitration and it is an alternative jurisdiction to the ordinary Judge. When the procedure is finished there is a decision (lodo) that has the same value of a judgement and it is enforceable.
2. Irritual arbitration in Bologna (arbitrato irrituale): this kind of arbitration will not bring to a enforceable decision but will only provide the effects of a contract concluded by the parties.
It is also very important to specify that in the arbitration clause it must be done by the parties the choice between ritual and irritual arbitration. Differently the clause could be affected by nullity.
The main institutions in Italy that provide arbitration services in Italy are the following ones:
1) Camera Arbitrale di Milano: link http://www.camera-arbitrale.it/en/index.php
2) Camera Arbitrale di Roma: link http://www.cameraarbitralediroma.it/
3) Camera Arbitrale di Bologna: link http://www.bo.camcom.gov.it/regolazione-del-mercato/arbitrato-e-mediazione/camera-arbitrale
We look forward to cooperate with you.