Part II Country Reports, 10 Italy, VI Amendment and Challenge of the Award; Liability of Arbitrators »
Mauro Rubino-Sammartano, Ruggero Rubino-Sammartano
From: Practitioner's Handbook on International Commercial Arbitration (3rd Edition)
Edited By: Frank-Bernd Weigand, Antje Baumann
Part II Country Reports, 10 Italy, IX Appendix »
Mauro Rubino-Sammartano, Ruggero Rubino-Sammartano
From: Practitioner's Handbook on International Commercial Arbitration (3rd Edition)
Edited By: Frank-Bernd Weigand, Antje Baumann
Part II Country Reports, 10 Italy, IV The Arbitral Procedure »
Mauro Rubino-Sammartano, Ruggero Rubino-Sammartano
From: Practitioner's Handbook on International Commercial Arbitration (3rd Edition)
Edited By: Frank-Bernd Weigand, Antje Baumann
Part II Country Reports, 10 Italy, III The Arbitral Tribunal »
Mauro Rubino-Sammartano, Ruggero Rubino-Sammartano
From: Practitioner's Handbook on International Commercial Arbitration (3rd Edition)
Edited By: Frank-Bernd Weigand, Antje Baumann
Part II Country Reports, 10 Italy, V The Award »
Mauro Rubino-Sammartano, Ruggero Rubino-Sammartano
From: Practitioner's Handbook on International Commercial Arbitration (3rd Edition)
Edited By: Frank-Bernd Weigand, Antje Baumann
Part II Country Reports, 10 Italy, VII Enforcement of National Awards »
Mauro Rubino-Sammartano, Ruggero Rubino-Sammartano
From: Practitioner's Handbook on International Commercial Arbitration (3rd Edition)
Edited By: Frank-Bernd Weigand, Antje Baumann
Part II Country Reports, 10 Italy, VIII Foreign Awards »
Mauro Rubino-Sammartano, Ruggero Rubino-Sammartano
From: Practitioner's Handbook on International Commercial Arbitration (3rd Edition)
Edited By: Frank-Bernd Weigand, Antje Baumann
Part II Understanding the Users of International Arbitration, 5 How Easy is it not to Take Adequate Care of the Proper Expectations of the Parties? »
Mauro Rubino-Sammartano
From: Defining Issues in International Arbitration: Celebrating 100 Years of the Chartered Institute of Arbitrators
Edited By: Julio César Betancourt
This chapter argues that arbitrators must pay sufficient attention to the legitimate expectations of parties. In line with this, it surveys possible-or even involuntary-breaches of the expectations of the parties. It discusses common problems such as not allowing sufficient time to the proceedings; not allowing the parties to present their case adequately; the temptation to rush; effects of disliking counsel; and lack of a full de novo review. It concludes that the approach of many arbitrators is to render an award which would produce for them respect or even admiration, or the wish, at least in Continental Europe, to write a brilliant intellectual treatise. However, this is not an expectation of the parties. While some parties just wish to always win, in particular when they know they are wrong, the innocent party, the honest man or woman, expects that the arbitrator will decide the dispute with diligence and humanity.
Part II Country Reports, 10 Italy, I Introduction »
Mauro Rubino-Sammartano, Ruggero Rubino-Sammartano
From: Practitioner's Handbook on International Commercial Arbitration (3rd Edition)
Edited By: Frank-Bernd Weigand, Antje Baumann
8 Italy »
Mauro Rubino-Sammartano
From: Practitioner's Handbook on International Commercial Arbitration (2nd Edition)
Edited By: Frank-Bernd Weigand
8.01 A short history of Italian law on arbitration starts with the previous Civil Procedure Code (1865) which dealt with arbitration at Arts 8 to 34. The new Civil Procedure Code (1940) has replaced those provisions with more modern and liberal ones, which are to be found at Arts 806 to 831 of the Civil Procedure Code. 8.02 Small but significant amendments were made by Parliament by Act 9 February 9, no 28 (1983). A full Reform was passed by Parliament by Act 5 January no 25 (1994)1 and subsequently by Decreto Legislativo (Executive Order) no 40 of 2 February...
Part II Country Reports, 10 Italy, II Jurisdiction of the Arbitral Tribunal »
Mauro Rubino-Sammartano, Ruggero Rubino-Sammartano
From: Practitioner's Handbook on International Commercial Arbitration (3rd Edition)
Edited By: Frank-Bernd Weigand, Antje Baumann
Part II Country Reports, 10 Italy, Preliminary Material »
Mauro Rubino-Sammartano, Ruggero Rubino-Sammartano
From: Practitioner's Handbook on International Commercial Arbitration (3rd Edition)
Edited By: Frank-Bernd Weigand, Antje Baumann
