On 26 November 2021, the Italian Parliament has approved Act no. 206 which is enabling the Government, amongst the other things, to implement a law aimed at making state court litigations more efficient and at revising the alternative dispute resolution methods. In the upcoming issues of our newsletter, we will focus on the proposal for amendments of the provisions of the Italian procedural code concerning arbitration. You will find them in the “Good to Know” section.

Our first analysis regards the amendment proposal concerning the immediate enforceability of the decree of the Court of Appeal recognizing in Italy a foreign arbitral award.

Events

Arbitration at the Olympic games of Beijing 2022 - AIA 4 May 2022

It might be because of her eight-year-old son’s aspiration to become a professional soccer player, but Federica Bocci has recently become fascinated by sport arbitration.

On May 4, 2022, she attended an event organized by the Focus Group on Sports Arbitration of the Italian Association for Arbitration (AIA) on the sports arbitrations that arose within the recent Beijing Olympic Games (the flyer is available here).

Professor Luigi Fumagalli and Massimo Coccia – both distinguished arbitrators and coordinators of the AIA’s Sports Arbitration Focus Group – led the discussion, in which Professor Fabio Iudica outlined the cases from a practical perspective. Federica reports that she was interested by the storytelling around the Kamila Valieva case, which Professor Iudica (who acted as Presiding Arbitrator on this case) explained, revealing insights that only those who dealt with the matter directly could share. The decision can be found here.

The event helped Federica better understand the features of sport arbitration before the Court of Arbitration for Sport. The lively discussion concerned the challenge and the enforcement of the awards, which might encounter some interesting hurdles, especially considering the fast-paced rhythm of this kind of arbitration.

News

ICSID Rules and Regulations amendment

On March 21, 2022, ICSID Administrative Council approved major amendments to its Rules and Regulations for the fourth time since its establishment in 1966. The amended version of rules will be in force starting from July, 1 2022. Read the new rules and the working papers here.

Arbitrators appointed in Milan Chamber of Arbitration administered proceedings in 2021

The Milan Chamber of Arbitration (CAM) has published the names of those that have been appointed as arbitrators in CAM administered arbitral proceedings in 2021. Find out more here.

Italy implements Agreement for the termination of Bilateral Investment Treaties between EU Member States

Italian Law No. 31 of April 12, 2022, by which Italy implemented the Agreement for the termination of Bilateral Investment Treaties between the Member States of the European Union, made in Brussels on May 5, 2020, has been published in the Italian Official Journal (general series, no. 94 of 22 April 2022).

First annulment of two arbitration awards based on the Achmea decision

In two landmark judgments of April 19, 2022, the Paris Court of Appeal annulled two arbitration awards against the Republic of Poland, on the basis of their conflict with European law as confirmed by the Achmea judgment of the Court of Justice of the European Union (CJEU). This is the first time that such an annulment has been pronounced in the world since the Achmea case itself. Find the full article here.

The arbitration awards were rendered in the following proceedings: Strabag SE, Raiffeisen Centrobank AG, Syrena Immobilien Holding AG v. The Republic of Poland, ICSID Case No. ADHOC/15/1; Slot Group a.s. v. Republic of Poland, PCA Case No. 2017-10.

Book reviews

I conflitti di potestas iudicandi tra arbitro e giudice statale nel diritto italiano e comparato

The conflicts of potestas iudicandi (jurisdiction) between arbitrator and State Court Judge in the Italian and comparative law (translated by the author)

Professor Albert Henke of Università degli Studi di Milano (Italy)

This monography provides a thorough analysis of the Italian legal framework and case law on the relationship and conflicts between the arbitral and the State Court jurisdictions. This robust, technical study from the Italian perspective is supplemented by a comparative analysis with the systems in Germany, Austria, France, Switzerland and the UK. The final few chapters of the book are devoted to the author’s proposals for the arbitral jurisdiction objections.

I’m confident this monography will provide many answers to the questions faced in our daily arbitration practice.

Good to Know

“Foreign arbitral awards in Italy – Can the recognition procedure be improved?” Check out the latest analysis by Davide Lagni on the enabling act providing the suggestion for the amendment of article 839 of code of civil procedure.