Arbitration and ADR reforms in Italy

Abstract:

The administration of justice in Italy has raised difficult problems, due to the high number of judicial proceedings pending before judges. Usually it takes three years for the first degree, another three years for the appeal, two years for the Cassation. Among other devices, the Minister of Justice has improved any kind of ADR. Arbitration is the most important because is a (private) proceeding equaled to a judicial one. The Minister has created a Commission for studying and proposing means of expansion of ADR in order to reduce the charge of judges. Mediation, conciliation, settlement agreements (particularly in family matters) are already very frequent, but the situation should be improved.

The proposals suggested to the Minister (and to the Parliament) by the Commission concerning arbitration were: introducing arbitration in labor litigation; possibility of immediate appeal before the Court of Cassation on the grounds of invalidity of the award; including into the Code of Civil Procedure the rules concerning arbitration for disputes between shareholders; extending arbitration for settlement of disputes between private subjects and public Administration are only some of the devices for reaching a speed and technically reliable solution of the conflicts.