Corporate Arbitration with a Foreign Seat under Italian Law

Arbitraj corporativ cu locul arbitrajului stabilit în străinătate potrivit legii italiene

Patrizia SANGALLI, FCIArb

ABSTRACT

In today's corporate environment, marked by the increasing internationalisation of business structures, it is increasingly common for shareholders to refer internal disputes to arbitration tribunals located abroad. This practice reflects the need for neutral venues, often perceived as more efficient and better suited to managing relationships between parties governed by different legal systems.

The Italian Court of Cassation has recently clarified the legitimacy and limits of such choices in corporate arbitration under Italian law. Emphasising the balance between party autonomy - recognised under Articles 806 et seq. of the Italian Code of Civil Procedure and Articles 34-36 of Legislative Decree No. 5/2003 - together with the constraints of domestic public policy, the Court confirmed that foreign arbitral...