Drafting Arbitration Clauses and Arbitration Agreements Subject to Italian Law

Abstract

As elsewhere in the world, arbitration is the most common form of alternative dispute resolution in Italy. Due to the need to keep all matters in a dispute confidential and the efficiency of private judges, arbitration may be the preferred method over the ordinary courts’ jurisdiction as a means to solve disputes; however, of the usual qualities of arbitration, the speed of a decision is perhaps the most appreciated in Italy, a country where the civil courts’ are overwhelmed by a backlog of work, hence unable to provide decisions within a reasonable time.