Arbitration scope

Arbitration

Arbitration’s scope is increasingly growing in Italy as per updated relevant proceeding rules.

On a general basis, all disputes that have as its object subjective waivable rights may be compromised in arbitration, while all disputes concerning non-waivable rights (i.e. rights which are subjects to public interest) are not subject to arbitration.

Waivable rights normally encompass any dispute based upon patrimonial/economic related litigation which pertains to:

  • contracts including their validity, interpretation and implementation (incl. contracts between individuals and not necessarily between corporations);
  • damages;
  • torts;
  • unfair competition and antitrust law (l. 287/1990);
  • corporate matters, including litigation on corporate/Board of Director’s resolutions, balance sheet’s accountings etc.;
  • employment (subject to specific limitations);
  • public procurement.
  • actions in rem
  • inheritance/successions (relationships among heirs, legatees, etc.).