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13 October 20224 minute read

Arbitration Team Coffee Break - October 2022

Events

The Mutually Reinforcing Relationship between the VCLT & ISDS – PCA virtual roundtable

On 5 October 2022, a member of our A-Team attended the Permanent Court of Arbitration’s virtual roundtable on “The Mutually Reinforcing Relationship between the VCLT & ISDS.”

The roundtable was inspired by the recently published manual “The Vienna Convention on the Law of Treaties in Investor-State Disputes: History, Evolution, and Future” by Esmé Shirlow and Kiran Nasir Gore. You can find the table of contents here.

Many contributing authors of the manual attended as speakers in three different sessions:

  • The VCLT & ISDS: A Reinforcing Relationships
  • The VCLT & ISDS: A Restraining and Regulating Relationship
  • The VCLT & ISDS: A Relationship of Replacement?

Click here for more information on the roundtable program.

Stay tuned for the book review of the manual!

Swedish Arbitration Days

On 1 and 2 September 2022 Federica attended the Swedish Arbitration Days in Stockholm.

Day one kicked off with the keynote speech by Catherine Rogers. With an imaginative “thought experiment,” Professor Rogers took the audience back to the 50s, to when international arbitration was yet to be created and the prospects of building a successful international adjudicatory regime was “just” an idea. It turned out that the secret ingredient for success, in line with the theme of Swedish Arbitration Days, was the integrity of the various users of arbitration: not only arbitrators and institutions but also counsel and in-house counsel.

Day two started with a moving opening from Fredrik Rinqquist and Tatyana Slipachuk. Their remarks led to two panel discussions: the first one on the responsibility for maintaining integrity in arbitration, a topic assessed from four different perspectives: that of arbitrators, counsel, the institutions and the judiciary.

The entertainment was no less brilliant: the gala dinner with a live performance from Eurovision winner Loreen proved that even lawyers and jurists are able (and entitled) to have fun! And boy did we have fun! Kudos to the organisers.

News

Approved the Italian Code of Civil Procedure reform

As anticipated by Dario Tarabelloni, on Wednesday, 28 September 2022 the Italian Council of Ministers ultimately approved the legislative decrees implementing the reform of the Italian Code of Civil Procedure, which were previously approved by the Justice Committees of the Italian Parliament.

At first glance, it appears that the modified provisions concerning arbitration are consistent and in line with what was originally proposed in the Enabling Act (Law no. 206/2021) that we analysed in the previous numbers of our A-Team newsletter (here, here, here, here and here).

On 10 October 2022 the President of the Republic signed the legislative decrees in order to enact them, which will be now published on the Italian Official Journal.

Check the compare (in Italian) drafted by Dario between the enabling act and both the current and upcoming discipline. Stay tuned for the English version of the compare!

Book review

Prof. Lea Querzola, Studio sull’istruzione probatoria in arbitrato, G. Giappichelli Editore, 2022

The author delves into the question of the relationship between the rules of evidence in arbitration proceedings and the general rules governing evidence in ordinary proceedings. The book covers both the preliminary investigation as a whole and the individual means of proof, examining the classic issues of the debate between jurisdiction and contract, public and private, in domestic and international arbitration, with a view to reformulating Article 816-ter of the Code of Civil Procedure.

Good to know

Check out the article by Dario about the strengthening and evolution of the guarantees of independence and impartiality of arbitrators, which is part of the reform of the Italian Code of Civil Procedure.

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