Arbitration Team Coffee Break

NEWS

Italian Court of Cassation ruling n. 119/2024

On 3 January 2024, the Italian Court of Cassation issued an interesting judgment on the relationship between an arbitration agreement and a coexisting jurisdiction clause in the contractual relationship between the parties (one, inserted in the general condition of sale signed among the parties, the other, included in a subsequent contract regarding the sale of the same products among the parties as in the general conditions of sale). The Italian Court of Cassation decided on the compatibility of the two clauses, given their different scope and extent (as such, the jurisdiction clause also extend to precautionary measures).

We wonder if the same approach will be followed for arbitration clauses included in a contract after the Cartabia Reform came into force, which recognised the power to issue provisional measures also to arbitrators.

New China International Economic and Trade Arbitration Commission Arbitration Rules (CIETAC)

On 1 January 2024, the updated version of the CIETAC arbitration rules came into force, replacing the previous edition from 2015. The new rules are applicable to arbitrations proceedings initiated on or after January 1. These revisions are the result of a two-years consultation involving arbitration practitioners, business representatives, and legal counsels which provided valuable insights into emerging issues. Among notable amendments, the CIETAC has introduced, under Article 48, a provision regarding third-party funding, under Article 50, the possibility for parties to request the early dismissal of proceedings, and, under Article 23, the possibility for parties to apply for protective and interim measures. These amendments are aimed at enhancing CIETAC’s global prominence by offering a more competitive arbitration venue.

 

EVENTS

Skating on thin ice: EU competition law and arbitration seated outside the EU territory, 4 April 2024 (online)

On 4 April 2024, the Focus Group of AIA Arbitrato Sportivo will host the webinar “Skating on Thin Ice: EU Competition Law and Arbitration Seated Outside the EU Territory”. The webinar will see the participation of distinguished figures from the arbitration community: Andrea Carlevaris, Luca Radicati di Brozolo, Ulrich Haas, Massimo Coccia and Luigi Fumagalli.

Simulated Arbitration – from 7 May 2024 to 10 July 2024 – Milan Chamber of Arbitration, Milan

On 7 May 2024, the interesting initiative “Simulated arbitration” organized by the Milan Chamber of Arbitration (CAM) will start with the presentation of the case for this year.

Three teams (each supported by a tutor) will study the case and prepare the defences for a mock “hearing”, scheduled for 10 July 2024, when the teams will be heard by an arbitral tribunal of eminent practitioners in the field of arbitration law.

DLA Piper’s FIAMC Pre-Moot – 10-11 May 2024, Milan

DLA Piper organizes the fifth edition of the Milan Investment Arbitration Pre-Moot, which will take place in the Milan office on 10 and 11 May 2024.

The moot is organized in preparation for the Frankfurt Investment Arbitration Moot Court (FIAMC), taking place in Frankfurt from 11 to 14 June 2024.

More details on the program and on team-registration will be released in the upcoming weeks!

IAD – Italian Arbitration Day – 13 June 2024, Rome

The Italian Arbitration Day, jointly organized by the Italian Association for Arbitration and the Milan Chamber of Arbitration, will take place in Rome on 13 June 2024 and it will be dedicated to the “Geography of International Arbitration”.

Stay tuned for updates!

XVIII Congreso International del CEIA – 9-11 June 2024, Madrid

On 9-11 June 2024 the XVIII Congreso Internacional del Club Español e Iberoamericano del arbitraje (CEIA) will take place. Save the date!

Vienna Arbitration Days 2024, 7-8 June 2024, Vienna

The Vienna International Arbitral Centre (VIAC) will hold its annual Arbitration Days on 7 and 8 June 2024, in Vienna. The official schedule and programme has yet to be published, we will keep you posted!

 

FROM THE BOOKSHELF

Foreign arbitral awards in Italy – the recent decision of the Court of Appeal of Rome

Professor Antonio Briguglio has commented on the decision of the Court of Appeal of Rome dated 20 January 2023 – which is in line with the less recent case law stating that the party wishing to enforce a foreign award in Italy must provide the original award “duly authenticated” (See A. Briguglio, Disorientamenti in tema di requisiti formali per il riconoscimento di lodo estero (ancor più gravi perché immemori di regole comuni, ed all’occorrenza applicabili anche al procedimento ex art. 839-840 c.p.c., in materia di prova documentale in giudizio), in Riv. Arb. 2023, pp. 145-150).

Precisely, the Court of Appeal of Rome issued a judgment in a proceeding aimed at the enforcement of a foreign arbitral award in Italy.

The Court stated that to obtain recognition of a foreign award in Italy, the party applying for recognition and enforcement must, at the time of the application, provide the original of the award “duly authenticated” or a duly certified copy, as per the New York Convention of 1958 (Article IV).

However, Article 839 Code of Civil Procedure (c.p.c.) only requires the original award, without authentication in order for having a foreign award enforced in Italy. This rule reflects the provisions of the New York Convention in the Italian legal system. Hence, the most recent case law believes it is sufficient that the party wishing to obtain recognition of a foreign award in Italy submits the original award (Italian Court of Cassation, 30 November 2020, no. 27322) pursuant to Article 839 c.p.c. But some case law demanded the “duly authenticated original award,” as per New York Convention (Italian Court of Cassation, 9 September 2008, no. 24856; Court of Appeal of Venice, 1563/2013).

According to the Author and the recent case law, it would suffice for the party wishing to obtain recognition of a foreign award in Italy to submit the original award without authentication pursuant to Article 839 c.p.c. As Professor Briguglio says, that is unless authentication is expressly required by the law governing arbitration or by the law of the forum for the award to be deemed “original”.

 

GOOD TO KNOW

"Past, present and future of the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, concluded on 2 July 2019”.

Check out the analysis by our Cecilia Vincenzo of the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, entered into force on 1 September 2023. The Hague Conference on Private International Law (HCCH) in its recently published Annual Report for 2023 has considered the entry into force of this Convention as one of the most important milestones reached by HCCH in 2023.