Lex Mundi Global Arbitration Institutions Guide |
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Italy |
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(Europe)
Firm
Chiomenti
Contributors
Luca Ferrari |
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| Name of Arbitral Institution; with abbreviation, if any. | In Italy there are several Arbitral Institutions, but the most famous and by far the one which is reached out to at most is the Milan Chamber of Arbitration ("CAM") |
| Where is the seat of the Arbitral Institution? | Milan |
| Is there an umbrella organization for the Arbitral Institution? | The Milan Chamber of Arbitration is a special agency of the Chamber of Commerce of Milan Monza Brianza Lodi |
| How is the Arbitral Institution structured? | Board of Directors, Arbitral Council, Secretariat. |
| Is there a compulsory list of arbitrators that parties are required to choose from? | No. |
| Can the place of arbitration freely be chosen by the parties? Is there a default place of arbitration? | The parties are free to choose the place of arbitration. If the parties have not specified, in the arbitration clause or in a subsequent agreement, the seat of the arbitration, the seat will be Milan. |
| What is the amount of the registration fee? | No cost is due at the moment of filing the request for arbitration. The fees for the administration of the procedure and for the Arbitral Tribunal shall be determined according to the value of the dispute, in compliance with a schedule of fees attached to the rules of CAM. |
| What is the average cost of an arbitration in the following cases? 1 arbitrator, amount in dispute = $1 million | Fees of CAM: € 18,000 Fees of the sole arbitrator: € 25,000 - 40,000 |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $10 million | Fees of CAM: € 40,000 Fees of the arbitration panel: € 150,000 - 220,000 |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $100 million | Fees of CAM: € 70,000 Fees of the arbitration panel: € 450,000 |
| Who pays advances on costs? What happens in the event of default? | Advance on costs is paid by all the parties in equal shares where the Secretariat determines a single value for the dispute, totaling all the claims filed by the parties. Where the Secretariat determines different values of the dispute in relation to the claims of the parties, it shall direct each party to pay the full amount of the advance relating to its claim. Where a party fails to pay in advance as requested, the Secretariat may direct the other party to make a substitute payment or may divide the value of the dispute, if it has not already done so, and direct each party to deposit an amount based on the value of its claims. If any of the advances are not made within the time limit set by the Secretariat, the Secretariat may suspend the entire proceedings or only the proceedings related to the claim to which the lack of payment relates. If the parties do not deposit the amount within one month of the notice of the order of suspension, the Secretariat may declare the closing of the entire proceedings or the proceedings related to the claim to which the lack of payment relates. 10. Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones? CAM Rules provide for some formal requirements regarding the request for arbitration and the statement of defense. Aside from that and from other limited matters, the parties and the Arbitral Tribunal are generally free to set the procedural rules of the arbitration, provided that public policy principles are respected. |
| Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones? | CAM Rules provide for some formal requirements regarding the request for arbitration and the statement of defense. Aside from that and from other limited matters, the parties and the Arbitral Tribunal are generally free to set the procedural rules of the arbitration, provided that public policy principles are respected. |
| Which languages can be used for communication with the Arbitral Institution? | Italian, English and French |
| Who is the main point of contact for the parties within the Arbitral Institution? | The Secretariat and the case managers assigned to the arbitration. |
| Are there restrictions on the language that the arbitration may be conducted in? | No. The parties are free to choose the language of the arbitration. |
| Who appoints substitute arbitrators? | The substitute arbitrator is appointed by the same person/entity that appointed the replaced arbitrator (i.e. the party or the Arbitral Council). If a substitute arbitrator must also be replaced, the new arbitrator shall be appointed by the Arbitral Council. |
| Are there specific regulations for multi-party arbitrations or joinders to the proceedings? | Yes, there are. According to article 15 of the CAM Rules, where the request for arbitration is filed by or against several parties, if the parties form two sides when filing the request for arbitration and the statement of defense and the arbitration agreement provides for a panel of arbitrators, each group shall appoint an arbitrator and the Arbitral Council shall appoint the arbitrator who will serve as chairman, unless the arbitration agreement delegates the appointment of the entire panel or of the chairman to another authority. Regardless of the arbitration agreement, if the parties do not form two sides when filing the request for arbitration and the statement of defense, the Arbitral Council, without considering any appointment made by any of the parties, shall appoint the Arbitral Tribunal. As to joinders to the proceedings, article 22 of the Rules provides that if a third party requests to join a pending arbitration or if one of the parties to the arbitration seeks a third party's intervention, the Arbitral Tribunal shall decide the application after consulting the parties, taking into consideration all the relevant circumstances of the case. |
| Are oral hearings compulsory? | No. However, they are usually scheduled and any party my insist upon an oral hearing. |
| What are common evidence-taking practices? | They are determined by the Arbitral Tribunal, taking into account the wishes of the parties. |
| What is the average duration of arbitration proceedings? | The average duration is about 12 months. |
| What is the timeframe for rendering the award? | According to the CAM Rules, the Arbitral Tribunal should file the final award with the Secretariat within six months from its constitution, unless otherwise agreed by the parties in the arbitration agreement. |
| Are extensions to time limits permissible? | The Arbitral Council may extend the time limit for the filing of the award, even on its own initiative, or, where there is consent by the parties to an extension, the Secretariat may do so. |
| Can the arbitral tribunal impose interim measures? Is there a competing competency of the ordinary courts with regard to interim measures? | No. Under Italian law arbitrators are prevented from imposing interim measures except in case of challenge of companies' resolutions (where the arbitrators may impose the suspension of the challenged resolution). |
| Do the institutional rules provide for an emergency arbitrator? | No. |
| Are there any specific regulations for expedited proceedings? If so, is there a deadline for rendering such an award? | No. |
| Are arbitral awards submitted for scrutiny? If so, to whom? | Yes. The Secretariat shall examine the draft award before it is signed by the members of the Arbitral Tribunal and shall indicate any non-compliance with the formal requirements under the CAM Rules. |
| Do costs necessarily follow the event? | Costs should follow the event, although the Arbitral Tribunal, under certain circumstances, may decide to allocate the arbitration costs on different proportions. |
| Can an arbitral award be annulled in your jurisdiction? If yes, do the reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention? | Yes. Arbitral awards issued in Italy may be challenged before the competent Court of Appeal and the parties cannot waive the right to challenge the award before the award has been issued. The reasons for annulment correspond in principle to the reasons for the denial of enforcement according to the New York Convention. In addition, the award may be annulled due to specific irregularities affecting the proceedings or the award. Challenge based on a point of law is admissible only if there is an express agreement of the parties in this respect. |
| Link to institutional rules | https://www.camera-arbitrale.it/en/arbitration/arbitration-rules.php?id=64 |
| Link to model clause | https://www.camera-arbitrale.it/en/arbitration/arbitration-clauses.php?id=63 |
Lex Mundi Global Arbitration Institutions Guide
In Italy there are several Arbitral Institutions, but the most famous and by far the one which is reached out to at most is the Milan Chamber of Arbitration ("CAM")
Milan
The Milan Chamber of Arbitration is a special agency of the Chamber of Commerce of Milan Monza Brianza Lodi
Board of Directors, Arbitral Council, Secretariat.
No.
The parties are free to choose the place of arbitration. If the parties have not specified, in the arbitration clause or in a subsequent agreement, the seat of the arbitration, the seat will be Milan.
No cost is due at the moment of filing the request for arbitration. The fees for the administration of the procedure and for the Arbitral Tribunal shall be determined according to the value of the dispute, in compliance with a schedule of fees attached to the rules of CAM.
Fees of CAM: € 18,000 Fees of the sole arbitrator: € 25,000 - 40,000
Fees of CAM: € 40,000 Fees of the arbitration panel: € 150,000 - 220,000
Fees of CAM: € 70,000 Fees of the arbitration panel: € 450,000
Advance on costs is paid by all the parties in equal shares where the Secretariat determines a single value for the dispute, totaling all the claims filed by the parties. Where the Secretariat determines different values of the dispute in relation to the claims of the parties, it shall direct each party to pay the full amount of the advance relating to its claim. Where a party fails to pay in advance as requested, the Secretariat may direct the other party to make a substitute payment or may divide the value of the dispute, if it has not already done so, and direct each party to deposit an amount based on the value of its claims. If any of the advances are not made within the time limit set by the Secretariat, the Secretariat may suspend the entire proceedings or only the proceedings related to the claim to which the lack of payment relates. If the parties do not deposit the amount within one month of the notice of the order of suspension, the Secretariat may declare the closing of the entire proceedings or the proceedings related to the claim to which the lack of payment relates.
10. Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones?
CAM Rules provide for some formal requirements regarding the request for arbitration and the statement of defense. Aside from that and from other limited matters, the parties and the Arbitral Tribunal are generally free to set the procedural rules of the arbitration, provided that public policy principles are respected.
CAM Rules provide for some formal requirements regarding the request for arbitration and the statement of defense. Aside from that and from other limited matters, the parties and the Arbitral Tribunal are generally free to set the procedural rules of the arbitration, provided that public policy principles are respected.
Italian, English and French
The Secretariat and the case managers assigned to the arbitration.
No. The parties are free to choose the language of the arbitration.
The substitute arbitrator is appointed by the same person/entity that appointed the replaced arbitrator (i.e. the party or the Arbitral Council). If a substitute arbitrator must also be replaced, the new arbitrator shall be appointed by the Arbitral Council.
Yes, there are. According to article 15 of the CAM Rules, where the request for arbitration is filed by or against several parties, if the parties form two sides when filing the request for arbitration and the statement of defense and the arbitration agreement provides for a panel of arbitrators, each group shall appoint an arbitrator and the Arbitral Council shall appoint the arbitrator who will serve as chairman, unless the arbitration agreement delegates the appointment of the entire panel or of the chairman to another authority. Regardless of the arbitration agreement, if the parties do not form two sides when filing the request for arbitration and the statement of defense, the Arbitral Council, without considering any appointment made by any of the parties, shall appoint the Arbitral Tribunal. As to joinders to the proceedings, article 22 of the Rules provides that if a third party requests to join a pending arbitration or if one of the parties to the arbitration seeks a third party's intervention, the Arbitral Tribunal shall decide the application after consulting the parties, taking into consideration all the relevant circumstances of the case.
No. However, they are usually scheduled and any party my insist upon an oral hearing.
They are determined by the Arbitral Tribunal, taking into account the wishes of the parties.
The average duration is about 12 months.
According to the CAM Rules, the Arbitral Tribunal should file the final award with the Secretariat within six months from its constitution, unless otherwise agreed by the parties in the arbitration agreement.
The Arbitral Council may extend the time limit for the filing of the award, even on its own initiative, or, where there is consent by the parties to an extension, the Secretariat may do so.
No. Under Italian law arbitrators are prevented from imposing interim measures except in case of challenge of companies' resolutions (where the arbitrators may impose the suspension of the challenged resolution).
No.
No.
Yes. The Secretariat shall examine the draft award before it is signed by the members of the Arbitral Tribunal and shall indicate any non-compliance with the formal requirements under the CAM Rules.
Costs should follow the event, although the Arbitral Tribunal, under certain circumstances, may decide to allocate the arbitration costs on different proportions.
Yes. Arbitral awards issued in Italy may be challenged before the competent Court of Appeal and the parties cannot waive the right to challenge the award before the award has been issued. The reasons for annulment correspond in principle to the reasons for the denial of enforcement according to the New York Convention. In addition, the award may be annulled due to specific irregularities affecting the proceedings or the award. Challenge based on a point of law is admissible only if there is an express agreement of the parties in this respect.