The recent reform enacted by the Italian government by Legislative Decree No. 149/2022 recognised, after many years of debate, the powers of arbitrators to issue interim measures. The reform should be met very positively because it places Italy closer to the common international practice and to the most arbitration-friendly legislations. Analysing the new law, however, it is possible to highlight not only strengths but also some relevant critical issues. The goal of this study is, on the one hand, to verify how the above-mentioned novelties introduced in the Italian Code of Civil Procedure fit into the current international context, and, on the other hand, to highlight the main issues that practitioners will have to deal with.
Lights and Shadows of the New Italian Reform of Interim Measures in Arbitration
Mirko Abbamonte
2023-01-01
Abstract
The recent reform enacted by the Italian government by Legislative Decree No. 149/2022 recognised, after many years of debate, the powers of arbitrators to issue interim measures. The reform should be met very positively because it places Italy closer to the common international practice and to the most arbitration-friendly legislations. Analysing the new law, however, it is possible to highlight not only strengths but also some relevant critical issues. The goal of this study is, on the one hand, to verify how the above-mentioned novelties introduced in the Italian Code of Civil Procedure fit into the current international context, and, on the other hand, to highlight the main issues that practitioners will have to deal with.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.