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Annex I
Code of Civil Procedure *
Book IV Title VIII **
Arbitration

* Translation provided by the Milan Chamber of National and International Arbitration.

** Footnote (1) is not included in the original text of the Code.

CHAPTER I ARBITRATION AGREEMENT AND ARBITRATION CLAUSE

Art. 806 Arbitration agreement
The parties may have the disputes arising between them decided by arbitrators, with the exception of the disputes provided for in Arts. 409 and 442, (1) those concerning issues of personal status and marital separation and those other disputes which may not be the subject of a settlement.

Art. 807 Form of the arbitration agreement
The arbitration agreement shall be in writing and shall set out the subject matter of the dispute, under penalty of nullity.
The agreement shall be considered to be in writing where the intention of the parties is expressed in a telegram or telex.
The provisions regulating the validity of contracts exceeding the ordinary course of administration shall apply to the arbitration agreement.

Art. 808 Arbitration Clause
The parties may establish in their contract or in a separate document that the disputes arising out of that contract be decided by arbitrators, provided that such disputes may be the subject of an arbitration agreement. The arbitration clause shall be contained in a document meeting the formal requirements for an arbitration agreement according to Art. 807, first and second paragraph.
Disputes ex Art. 409 may be decided by arbitrators only if this is provided for in collective labour contracts and agreements and if, under penalty of nullity, the parties right to have recourse to the courts is not affected. The arbitration clause in collective labour contracts or agreements or in individual labour contracts is null and void where it authorizes the arbitrators to decide ex aequo et bono or declares that there will be no recourse against the award.
The validity of the arbitration clause shall be examined independently of the underlying contract; however, the power to stipulate a contract includes the power to agree on the arbitration clause.

Art. 809 Number and appointment of arbitrators
There may be one or more arbitrators, provided that their number is uneven.
The arbitration agreement or clause shall appoint the arbitrators or establish their number and manner of appointment.
Where an even number of arbitrators is indicated, one more arbitrator is appointed by the president of the court of first instance [tribunale] as provided for in Art. 810, unless the parties have agreed otherwise. Where the number of arbitrators is not indicated and the parties do not reach an agreement on this matter, there shall be three arbitrators and, failing appointment [by the parties], the president of the court of first instance shall proceed as provided for in Art. 810, unless the parties have agreed otherwise.

CHAPTER II THE ARBITRATORS

Art. 810 Appointment of the arbitrators
Where, under the arbitration agreement or clause, the arbitrators are to be appointed by the parties, each party shall serve on the other a notice of his appointment(s) and request him to appoint his arbitrators. The party to whom the request is made shall notify the personal details of the arbitrator(s) he has appointed within the following twenty days.
Failing this, the party who has made the request may file a petition with the president of the court of first instance of the district in which the arbitration has its seat , requesting him to make the appointment. If the parties have not yet determined that seat, the petition shall be filed with the president of the court of first instance of the place in which the arbitration agreement or the contract to which the arbitration clause refers has been made or, if that place is abroad, to the president of the court of first instance of Rome . The president shall issue an order against which there shall be no appeal, after hearing the other party where necessary.
This provision shall also apply where the arbitration agreement or clause entrusts the appointment of one or more arbitrators to the courts or, where the appointment is entrusted to a third party, that third party fails to take the necessary action.

Art. 811 Replacement of arbitrators
Where for whatever reason all or some of the appointed arbitrators are unable to act, they shall be replaced in the same manner laid down for their appointment in the arbitration agreement or clause. If the party concerned or the third party fails to take the necessary action, or the arbitration agreement or clause is silent on the matter, the provisions of the preceding article shall apply.

Art. 812 Capacity to act as arbitrator
The arbitrators may be Italian or foreign nationals.
Minors, persons under a legal incapacity, bankrupts and those who have been disqualified from holding a public office may not act as arbitrators.

Art. 813 Acceptance by and duties of the arbitrators
Acceptance by the arbitrators shall be given in writing and may be given by signing the arbitration agreement.
The arbitrators shall render their award within the time limit set by the parties or by law; if they fail to do so and the award is set aside on this ground, they shall be held liable in damages. They shall likewise be liable in damages if, after accepting their appointment, they renounce it without just cause.
Unless the parties have agreed otherwise, the arbitrator who fails to perform or postpones an act connected with his office may be replaced by agreement of the parties or by a third party entrusted with this task by the arbitration agreement or clause. Failing this, fifteen days after a notice to perform has been sent to the arbitrator by registered mail, any of the parties may file a petition with the president of the court of first instance of the district in which the arbitration has its seat. The president shall issue an order against which there shall be no appeal, after hearing the parties, and, where he ascertains that there has been failure to act or delay, he shall declare that the arbitrator is removed from office and shall proceed to replace him.

Art. 814 Rights of the arbitrators
The arbitrators shall be entitled to reimbursement of their expenses and to a fee for services rendered, unless they have waived this right at the moment of acceptance or by a subsequent written statement. The parties shall be jointly and severally liable for payment, subject to the right of mutual recovery.
Where the arbitrators themselves fix the amount of their expenses and fees, that decision shall not be binding on the parties if they do not accept it. In this case, the amount of expenses and fees shall be fixed by an order of the president of the court of first instance referred to in Art. 810, second paragraph, against which there shall be no appeal, on petition by the arbitrators and after hearing the parties.
The order is directly enforceable against the parties.

Art. 815 Challenge of arbitrators
A party may refuse to accept an arbitrator whom he has not appointed, for the reasons laid down in Art. 51.
A challenge shall be made by petition to the president of the court of first instance referred to in Art. 810, second paragraph, within the peremptory time limit of ten days after the appointment has been notified or the ground for challenge has come to the partys knowledge, if later . The president issues an order against which there shall be no appeal, after hearing the challenged arbitrator and making summary enquiries where necessary.

CHAPTER III  THE PROCEEDINGS

Art. 816 Proceedings
The parties shall determine the seat of the arbitration in the territory of the Republic; otherwise the seat shall be determined by the arbitrators at their first meeting.
The parties may establish the procedural rules to be followed by the arbitrators in the arbitration agreement, the arbitration clause or, provided that it is made before the commencement of the arbitration proceedings, in a separate written document.
Failing such provisions, the arbitrators may regulate the proceedings as they see fit.
They shall in any case set time limits for the parties to file documents, submissions and replies.
The arbitrators may delegate the taking of evidence to one of their number.
The arbitrators shall decide all issues arising in the course of the proceedings [ABROGATED: before the award is rendered] by an order which is not filed [with the Magistrates Court] and may be revoked, with the exception of the case provided for in Art. 819.

Art. 817 Objection of lack of jurisdiction
A party who, during the arbitration proceedings, fails to raise the objection that the pleadings of the other party exceed the limits of the arbitration agreement or clause, may not file a recourse for setting aside the award on this ground.

Art. 818 Interim measures
The arbitrators may not grant sequestration orders or other interim measures.

Art. 819 Incidental issues
If an issue arises during the proceedings which by law is not arbitrable, the arbitrators shall stay the proceedings where they deem that the decision entrusted to them depends on deciding that issue [ABROGATED: and shall order that the parties file a request before the competent court].
In all other cases, the arbitrators shall decide all issues arising in the arbitration proceedings.
In the case provided for in the first paragraph , the time limit set by Art. 820 shall be suspended until the day on which one of the parties notifies the judgment on the incidental issue to the arbitrators, once it has become res judicata; if less than sixty days remain, the time limit shall be extended by law to sixty days.

Art. 819bis Connected cases [connessione]
(This article is included for the first time)
The jurisdiction of the arbitrators is not excluded by the fact that the dispute referred to them is connected with an action pending before the court.

Art. 819ter Hearing of witnesses
(This article is included for the first time)
The arbitrators may hear the witness by requesting him to appear before them or decide to hear his statement at his home or office, if he agrees. They may further decide to hear the witness by requesting him to give written replies to questions within the time limit that they establish.

CHAPTER IV THE AWARD

Art. 820 Time limit for the decision
Unless the parties have agreed otherwise, the arbitrators shall render their award within one hundred and eighty days of acceptance of their appointment. If there are several arbitrators and they did not all accept at the same time, the time limit begins to run from the last acceptance. The time limit is suspended where a petition for challenge is filed, until a decision thereon is rendered; it is interrupted where replacement of the arbitrators is necessary.
Where evidence must be taken or an interlocutory award has been rendered , the arbitrators may extend the time limit once only and by not more than one hundred and eighty days.
In case of the death of one of the parties, the time limit is extended by thirty days.
The parties may agree in writing to an extension of the time limit.

Art. 821 Relevance of the expiry of the time limit
The expiry of the time limit indicated in the preceding article may not be raised as a ground for setting aside the award if, before deliberation of the award as set out in the order [dispositivo] signed by the majority of the arbitrators, the party failed to notify to the other parties and to the arbitrators his intention to invoke the fact that the arbitrators authority had thus been terminated.

Art. 822 Rules for the deliberation [of the award]
The arbitrators shall decide according to the rules of law, unless the parties have authorized them, by whatever expression, to decide ex aequo et bono.

Art. 823 Deliberation of and requirements for the award
The award shall be deliberated by a majority vote of the arbitrators meeting in personal conference and shall then be set down in writing.
It shall contain:

1) the indication of the parties;

2) the indication of the arbitration agreement or clause and of the issues submitted;

3) a brief statement of reasons;

4) the order [dispositivo];

5) the indication of the seat of the arbitration and the place or manner in which it was deliberated;

6) the signatures of all the arbitrators, with an indication of their day, month and year; the arbitrators may sign in a place other than the place of deliberation, as well as abroad. If there is more than one arbitrator, they may sign in different places without having to meet in personal conference again.

However, an award signed only by the majority of the arbitrators shall be valid, provided that it is stated that it was deliberated in personal conference of all the arbitrators and that it is declared expressly that the other arbitrators were either unwilling or unable to sign it.
The award shall be binding on the parties from the date of the last signature.

Art. 824 Place of rendition
Abrogated.

Art. 825 Filing of the award
The arbitrators shall draft the award in as many originals as the number of the parties and give notice of it to each party by handing over an original or sending it by registered mail within ten days of the date of the last signature.
The party intending to have the award enforced in the territory of the Republic shall file the original award or a certified copy thereof, together with the original arbitration agreement or document containing the arbitration clause or an equivalent document, or a certified copy thereof , with the Registry of the Magistrates Court [Pretura] of the district in which the arbitration has its seat [ABROGATED: within one year of receipt of the award].
[ABROGATED: This time limit is peremptory.]
The Magistrate, after ascertaining that the award [ABROGATED: has been filed within the time limit and] meets all formal requirements, enforces it by decree. The award which has been enforced shall be registered in all cases where a judgment of the same content would be registered.
[ABROGATED: The Magistrates decree confers to the award the same effects as those of a judgment.]
The Registry notifies the filing of the award and the decision of the Magistrate to the parties according to Art. 133, second paragraph.
A recourse against the decree [ABROGATED: of the Magistrate] denying enforcement of the award may be filed by petition with the [ABROGATED: president of the] court of first instance within thirty days of notification; the court of first instance, after hearing the parties, issues, in camera , an order against which there shall be no appeal.

Art. 826 Correction of the award
On the request of a party, the award may be corrected by the same arbitrators who have rendered it, where there have been omissions, material errors or miscalculations.
The arbitrators shall take the necessary action within twenty days, after hearing the parties. Notice of the correction shall be given to the parties, also by registered mail, within ten days of the date of the last signature.
If the award has already been filed, the Magistrate of the place where the award has been filed shall be requested to correct the award. The provisions of Art. 288 shall apply insofar as they are compatible.

CHAPTER V MEANS OF RECOURSE

Art. 827 Means of recourse
The award may only be subject to a recourse for setting aside, revocation or third party opposition .
A recourse may be filed irrespective of whether the award has been filed or not.
The award partially deciding on the merits of the dispute may be challenged immediately, whereas the award which decides some of the issues without resolving the dispute may be challenged only together with the final award.

Art. 828 Recourse for setting aside
A recourse for setting aside may be filed with the court of appeal of the district in which the arbitration has its seat , within ninety days of notification of the award .
[ABROGATED: The Magistrate, court of first instance or court of appeal have jurisdiction over the recourse for setting aside according to whether the case which has been decided would have fallen within the jurisdiction of the conciliator, Magistrate or court of first instance.]
No recourse may be filed after one year from the date of the last signature.
The request to correct the award does not suspend the time limit for filing a recourse; however, the parts of the award which have been corrected may be challenged within the ordinary time limit, which begins to run after notification of the decision on the correction.

Art. 829 Grounds for setting aside
Notwithstanding any waiver, a recourse for setting aside may be filed in the following cases:

1) where the arbitration agreement is null and void;

2) where the arbitrators have not been appointed according to the provisions laid down in Chapters I and II of this Title, provided that this ground for setting aside has been raised in the arbitration proceedings;

3) where the award has been rendered by a person who could not be appointed arbitrator according to Art. 812;

4) where the award exceeds the limits of the arbitration agreement, fails to decide any of the items of the arbitration agreement or contains contradictory provisions, provided that the provisions of Art. 817 are complied with;

5) where the award does not meet the requirements indicated at nos. 3), 4), 5) and 6) of the second paragraph of Art. 823, provided that the provisions in the third paragraph of said article are complied with ;

6) where the award has been rendered after the expiry of the time limit indicated in Art. 820, provided that the provisions of Art. 821 are complied with;

7) where the formalities laid down for proceedings under penalty of nullity have not been observed, when the parties had requested that they be complied with, according to Art. 816, and such defects have not been made good;

8) where the award is contrary to a previous award against which there may be no recourse or to a previous judgment having the force of res judicata between the parties, provided that this objection has been raised in the arbitration proceedings;

9) where the principle of due process [contraddittorio] has not been observed in the arbitration proceedings.

A recourse for setting aside may likewise be filed where the arbitrators did not decide according to law, unless the parties had authorized them to decide ex aequo et bono or had declared that there may be no recourse against the award.
In the cases ex Art. 808, second paragraph, the award may also be challenged for violation and misapplication of collective contracts and agreements.

Art. 830 Decision on the recourse for setting aside
When granting the recourse, the court of appeal shall render a judgment stating that the award is null and void ; where the defect only concerns a part of the award which is severable from the others, it shall state that the award is partially null and void.
Unless all the parties have declared a contrary intention, the court of appeal shall also decide on the merits, if the case is ready to be decided, or it shall make an order referring the case to the examining judge, where new evidencetaking is necessary for a decision on the merits.
While the case is pending, the court of appeal may, on the request of a party , make an order staying enforcement of the award .

Art. 831 Revocation and third party opposition
[ABROGATED: Where no recourse for setting aside may be filed and] Notwithstanding any waiver, the award may be revoked in the cases indicated at nos. 1), 2), 3) and 6) of Art. 395, within the time limits and according to the formalities set out in the Second Book.
If the conditions mentioned in the first paragraph arise during the setting aside proceedings, the time limit for filing a request for revocation shall be suspended until notification of the judgment on the setting aside.
The award may be subject to third party opposition in the cases indicated in Art. 404.
The request for revocation and third party opposition shall be filed with the court of appeal of the district in which the arbitration has its seat.
The court of appeal may consolidate setting aside, revocation and third party opposition proceedings, unless the stage reached by the proceedings filed first does not allow an exhaustive examination of and decision on the other proceedings.

CHAPTER VI INTERNATIONAL ARBITRATION
(This chapter is included for the first time)

Art. 832 International arbitration
Where at the date of signing the arbitration clause or agreement at least one of the parties has his domicile [residenza] or principal place of business [sede effettiva] abroad, or where a substantial part of the obligations arising out of the relationship to which the dispute refers must be performed abroad, the provisions of Chapters I to V of this Title shall apply to arbitration insofar as they are not derogated from by this Chapter.
The provisions laid down in international conventions shall apply in any case.

Art. 833 Form of the arbitration clause
An arbitration clause contained in general conditions of contract or standard forms shall not be subject to the specific approval provided for in Arts. 1341 and 1342 of the Civil Code.
An arbitration clause contained in general conditions that are incorporated in an agreement in writing made by the parties shall be valid, if the parties knew of the clause or should have known of it by using ordinary diligence.

Art. 834 Norms applicable to the merits
The parties may agree on the norms that the arbitrators shall apply to the merits of the dispute or provide that the arbitrators decide ex aequo et bono. If the parties are silent, the law with which the relationship has its closest connection shall apply.
In both cases the arbitrators shall take into account the provisions of the contract and trade usages.

Art. 835 Language of the arbitration
Unless the parties have agreed otherwise, the language of the proceedings shall be determined by the arbitrators, taking into account the circumstances of the case.

Art. 836 Challenge of arbitrators
The challenge of arbitrators is regulated by Art. 815, unless the parties have agreed otherwise.

Art. 837 Deliberation of the award
The award shall be deliberated by a majority vote of the arbitrators meeting in personal conference or videoconference, unless the parties have agreed otherwise, and shall then be set down in writing.

Art. 838 Recourse

The provisions of Art. 829, second paragraph, Art. 830, second paragraph and Art. 831 shall not apply to international arbitration, unless the parties have agreed otherwise.

CHAPTER VII  FOREIGN AWARDS

Art. 839 Recognition and enforcement of foreign awards
The party wishing to enforce a foreign award in the Republic shall file a petition with the president of the court of appeal of the district in which the other party has his domicile; if that party has no domicile in Italy, the court of appeal of Rome shall have jurisdiction.
The petitioner shall supply the original award or a certified copy thereof, together with the original arbitration agreement or an equivalent document, or a certified copy thereof.
Where the documents mentioned in the second paragraph are not made in the Italian language, the petitioner shall also produce a certified translation.
The president of the court of appeal, where he ascertains that the award meets all formal requirements, enforces the foreign award in the Republic by decree, unless:

1) the dispute could not be the subject of an arbitration agreement according to Italian law;

2) the award contains provisions which are contrary to public policy.

Art. 840 Opposition proceedings
An opposition may be filed against the decree granting or denying enforcement of the foreign award by filing a writ of summons with the court of appeal within thirty days of communication of the decree denying enforcement or notification of the decree granting enforcement.
Following such opposition, the proceedings shall be held according to Arts. 645 ff, insofar as they are applicable. The court of appeal shall render a judgment which may be appealed before the Supreme Court.
The court of appeal shall deny recognition or enforcement of the foreign award if in the opposition proceedings the party against whom the award is invoked furnishes proof of the existence of one of the following circumstances:

1) the parties to the arbitration agreement were, under the law applicable to them, under some incapacity, or the arbitration agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the State where the award was made;

2) the party against whom the award is invoked was not informed of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case in the proceedings;

3) the award decides a dispute not contemplated by the arbitration agreement or clause or not within the terms of the arbitration agreement or clause; however, if the decisions in the award on matters submitted to arbitration can be separated from those not so submitted, the former may be recognized and enforced;

4) the composition of the arbitration tribunal or the arbitration proceedings were not in accordance with the agreement of the parties or, failing such agreement, with the law of the place where the arbitration took place;

5) the award has not yet become binding on the parties or has been set aside or suspended by a competent authority of the State in which, or under the law of which, it was made.

If an application for the setting aside or suspension of the effects of the award has been made to the competent authority indicated at no. 5) of the third paragraph, the court of appeal may adjourn the decision on the recognition or enforcement of the award; on the request of the party seeking enforcement it may, in the case of suspension, order the other party to give suitable security.
Recognition or enforcement of the foreign award shall likewise be denied if the court of appeal finds that:

1) the dispute could not be the subject of an arbitration agreement under Italian law;

2) the award contains provisions which are contrary to public policy.

The provisions laid down in international conventions shall apply in any case.

OTHER ARTICLES OF THE CODE OF CIVIL PROCEDURE AMENDED BY LAW NO. 25 OF 5 JANUARY 1994

* The following paragraph shall be added to Art. 669octies (Order granting a request [for an interim measure]) of the Code of Civil Procedure:

«Where the dispute is the subject of an arbitration agreement or clause, the party shall, within the time limits indicated in the preceding paragraphs, notify to the other party in a document his intention to initiate arbitration proceedings, his request and, insofar as he is required to do so, his appointment of arbitrators.»

* Art. 800 (Foreign arbitral awards) is abrogated.

* Art. 196 of the Application and Provisional Provisions of the Code of Civil Procedure (Recourse against the decree denying enforcement of the award) is abrogated.

ARTICLES OF THE CIVIL CODE AMENDED BY LAW NO. 25 OF 5 JANUARY 1994

* The following paragraph is added at the end of Art. 2652 of the Civil Code (Claims concerning acts subject to registration. Effects of registration on third parties):

«The document by which a party, where an arbitration agreement or clause has been stipulated, notifies to the other party his intention to initiate arbitration proceedings, files his request and appoints the arbitrators insofar as he is required to do so has the same effect as a writ of summons in court.»

* The following paragraph is added at the end of Art. 2653 of the Civil Code (Other claims and acts subject to registration for various reasons):

* The following paragraph is added at the end of Art. 2690 of the Civil Code (Claims concerning acts subject to registration):

* The following paragraph is added at the end of Art. 2691 of the Civil Code (Other claims and acts subject to registration):

* The fourth paragraph of Art. 2943 of the Civil Code (Interruption [of the limitation period]) shall be replaced by the following paragraph:

«The limitation period shall be further interrupted by any other formal request to the debtor for payment [costituzione in mora] and by the notification of a document by which a party, where an arbitration agreement or clause has been stipulated, declares his intention to initiate arbitration proceedings, files his request and appoints his arbitrators insofar as he is requested to do so.»

* The following paragraph is added at the end of Art. 2945 of the Civil Code (Effects and duration of the interruption):

«In cases of arbitration, the limitation period shall not run from the moment in which the document containing the request for arbitration is notified until the moment in which a recourse may no longer be filed against the award deciding the dispute, or the judgment on the recourse becomes res judicata.»

PROVISIONAL PROVISIONS OF LAW NO. 25 OF 5 JANUARY 1994

1. Art. 819bis of the Code of Civil Procedure, introduced by Art. 11 of this law, shall apply to current arbitration proceedings unless a judgment has been rendered holding that [the arbitrators] lack jurisdiction because the dispute referred to the arbitrators is connected to an action pending before a court [connessione].

2. Petitions filed according to the last paragraph of Art. 825 of the Code of Civil Procedure, as in force before the date of entry into force of this law, shall be decided by the president of the court of first instance.

3. Where the decree denying enforcement of the award has been rendered before the date of entry into force of this law, and the time limit mentioned in the last paragraph of Art. 196 of the Application and Provisional Provisions of the Code of Civil Procedure, abrogated by Art. 17, second paragraph, of this law, is still running, that time limit shall be extended until the thirtieth day.

4. Awards rendered before the date of entry into force of this law shall be challenged according to the previous law. However, the provisions of Art. 830 of the Code of Civil Procedure, as amended by Art. 22 of this law, shall apply to these setting aside proceedings as well as to the setting aside proceedings which are current at the date of entry into force of this law.

5. The provisions of Chapter VI of Title VIII of the Fourth Book of the Code of Civil Procedure, introduced by Art. 24 of this law, shall also apply where the arbitration agreement or clause have been stipulated before the date of entry into force of this law, provided that the arbitration proceedings have not already been initiated under the previous law. Art. 833 of the Code of Civil Procedure shall apply in any case, if the conditions of Art. 832 of the same Code are met.

6. The provisions of Arts. 839 and 840 of the Code of Civil Procedure shall also apply to awards rendered before the date of entry into force of this law, provided that recognition and enforcement have not already been sought according to the legislation in force before the date of entry into force of this law.

ENTRY INTO FORCE OF LAW NO. 25 OF 5 JANUARY 1994

This law shall enter into force ninety days after its publication in the “Gazzetta Ufficiale” of the Italian Republic. [The law was published on 17 January 1994.]

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(1) Art. 409 concerns labour disputes; Art. 442 concerns disputes relating to compulsory social security and medical aid. They replace the reference to Arts. 429 and 459 through the effect of Law no. 533 of 11 August 1973, which replaced Title IV of the Second Book of the Code of Civil Procedure (see Annex II ).