Why Arbitration

Because it is quicker than a litigation before a court

Because it highlights the competencies of the private judge

Because the final award is equal to a ruling of a court, but with less chance of appeal

The institute of arbitration, with few exceptions, allows to submit to a private judge disputes of civil, commercial and administrative nature, obtaining of a decision equal to the ruling rendered by a court. It is able to make the actual disputes a bit closer to the needs of the parties, of the professionals who assist them and also of those called upon to decide.

As a matter of fact, when organized and utilized to the best, the arbitral proceedings:

  • allow the parties to choose directly the subjects (the arbitrators, namely) to be entrusted with the decision or, at least, to choose a body or even a third person empowered to designate the arbitrators in accordance with the principles of competence and independence deriving from the subject of the specific dispute;
  • are characterized by faster and more flexible rules than those ruling the disputes before the judicial authority, either ordinary and administrative, albeit safeguarding the mandatory principle of fair hearing between the parties;
  • have a significant shorter duration than the average duration of the disputes before the ordinary judicial authority; not only, the duration is often predetermined and generally programmed between the arbitrators and the parties;
  • allow the parties to estimate and verify the costs, at least in relation to the fees of the arbitrators.

These results may be achieved both in case of ad hoc arbitrations (i.e. those in which the arbitrators and the parties rule the proceeding to better fit to their needs) and in case of administered arbitrations, managed by institutions (among which, often, the Chambers of Commerce) which offer various services, among which the setting of regulations concerning the arbitral proceedings, the arbitrators’ designations, the determination of the rates to be applied to determine the fees, in addition to secretarial services of the specific administrated procedures.

The Arbitral Chamber of Milan (special agency of the Chamber of Commerce) represents the main venue of the administered arbitration in our country, being a body of undoubted prestige and reliability.

For this reason Arbitrando has chosen as its reference, in administered arbitrations matters, the Arbitral Chamber of Milan (art. 4 of the statute of Arbitrando).