International Commercial Arbitration
Alternative Dispute Resolution
The Boccadutri Law Firm’s Department of International Commercial Arbitration provides legal assistance to its clients in arbitration proceedings, conducted in accordance with the main international arbitration regulations.
The Boccadutri Law Firm’s Department of International Commercial Arbitration provides legal assistance to its clients in arbitration proceedings, conducted in accordance with the main international arbitration regulations.
Arbitration has proven to be the most expeditious and appropriate route to resolving international commercial disputes.
The main purpose of resorting to arbitration is to resolve disputes as quickly as possible outside of the courtroom, while still obtaining a judgement (arbitral award), which is equivalent to a court ruling, both locally and internationally.
Listening, Studying, Acting
Our international orientation enables us to assist clients in their home countries.
Our attorneys, drawing on their expertise and constant study of the evolution of the field or sector, are in habit of focusing on the client’s needs to adapt their efforts to the situation at hand. The course of action begins with each individual client and is built around their specific case.
We will consider the most appropriate procedural strategy in the event of an international arbitration dispute, after researching and determining the risks involved and other possible alternatives, with the aim to possibly prevent arbitration proceedings.
Boccadutri Law Firm’s lawyers are able to represent clients before the relevant Italian courts, up to the Supreme Court of Cassation, to secure the enforcement of foreign arbitration clauses and awards, or to challenge their recognition.
International arbitration requires:
- Choosing the most suitable arbitration rules
- Selecting the law applicable to the dispute
- Determining the place of arbitration.
The firm has developed a general and extensive expertise in Alternative Dispute Resolution (ADR), and with this in mind, arbitration has proven to be the best means of resolving disputes arising in international trade, without having to wait for the incalculable time required by ordinary courts.
Companies of all sizes: large, small, and medium, may face international disputes that were once considered unthinkable, and therefore require legal advice on international law.
Characteristics of International Commercial Arbitration
- Compared to ordinary courts, the choice of international arbitration allows disputes to be resolved in considerably less time.
- Arbitrators are neutral professionals, experienced in the subject matter of the dispute, and are selected by the arbitration chambers.
- The arbitrators may adapt the procedural rules to each individual case.
- The parties may decide to set time limits and preclusions, other than those provided for in the Code of Civil Procedure to the extent permitted.
- The decision (arbitral award) made by the individual arbitrator called upon, or by the arbitration panel, has the force of a judgment and is binding on the parties.
- Arbitration proceedings are conducted in strict confidence. Judgements are not made public.
Frequently asked questions
When is an arbitration international?
When is an arbitration international? Arbitration is defined as international when one of the parties has its ‘seat’ (in the case of a judicial person i.e., representative of the court) or ‘venue’ (in the case of an individual i.e., witnesses, experts, or the parties) in a foreign country.
What is the purpose of International Arbitration?
International arbitration may be used to resolve any dispute deemed ‘arbitrable’, a term that includes most commercial disputes, and is essentially the process in which two parties in a dispute use an independent, impartial third party to settle the dispute, often by making a decision that they both agree to.
When is arbitration possible?
The law stipulates that arbitration is possible only when the dispute concerns a ‘disposable right’, i.e., one of those rights that can be assigned, settled, or waived.
In law, what is meant by the term ‘award’?
An award is the collective decision of the arbitrators in a dispute. It is given the same effect as a judgment. The award concludes the arbitration proceedings and has a binding effect on the parties from the moment the arbitrator(s) sign it.
Who are the arbitrators, by whom are they chosen, and how many of them can they be?
Arbitrators are persons independent from the case but with expertise in the subject matter of the dispute (the subject matter of commercial arbitration could be, for example, a case of international sale or distribution).
There are often different models for assigning an arbitrator, but as a general practice, the court will give the parties a list of arbitrators to choose from.
A single arbitrator may be chosen, but if the matter requires more than one, there must be an odd number of them (a panel of arbitrators).
What is meant by ADR?
ADR is an alternative dispute resolution procedure, which stands for ‘Alternative Dispute Resolution’. Arbitration, mediation, and negotiation, belong to this category.
ADR offers a different solution from the canonical ordinary court procedure, of which it is quicker and simpler.
Meet our lawyers from the International Commercial Arbitration
Our International Commercial Arbitration legal team
The lawyers of the Boccadutri International Law Firm offer advice on International Commercial Arbitration, assisting international clients in the implementation and development phases of commercial activities, or in the event of disputes.
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