It is a well-known fact that arbitration law as a specialization of Italian attorneys is in and of itself limited because the institution is not yet sufficiently widespread and because it requires specific expertise in substantive and procedural law, that often cross over with matters proper to international law, making the matter more complicated and uncharacteristic. This is why arbitration is an alternative tool for the resolution of litigations. It often remains the privilege of a small number of attorneys, perhaps members of law firms with an international focus that makes them more likely to practice in the field of international arbitration. In the case of firms dealing mainly with domestic arbitration, their field is more of a niche, having specific competencies in arbitration because they are mainly concerned with corporate law − one of the areas of choice for the use of the institution − or with international litigation, or as legal counselors who also have a university career in the legal field. Within this framework, the portrait of an arbitrator is of particular interest and reveals many surprises and matters that need to be addressed if we want to take up the challenge of finding new outlets for the legal profession in alternative dispute resolutions.

(2020). Arbitration appointments: a matter of "diversity" [journal article - articolo]. In JUDICIUM. Retrieved from http://hdl.handle.net/10446/165027

Arbitration appointments: a matter of "diversity"

Locatelli, Francesca
2020-01-01

Abstract

It is a well-known fact that arbitration law as a specialization of Italian attorneys is in and of itself limited because the institution is not yet sufficiently widespread and because it requires specific expertise in substantive and procedural law, that often cross over with matters proper to international law, making the matter more complicated and uncharacteristic. This is why arbitration is an alternative tool for the resolution of litigations. It often remains the privilege of a small number of attorneys, perhaps members of law firms with an international focus that makes them more likely to practice in the field of international arbitration. In the case of firms dealing mainly with domestic arbitration, their field is more of a niche, having specific competencies in arbitration because they are mainly concerned with corporate law − one of the areas of choice for the use of the institution − or with international litigation, or as legal counselors who also have a university career in the legal field. Within this framework, the portrait of an arbitrator is of particular interest and reveals many surprises and matters that need to be addressed if we want to take up the challenge of finding new outlets for the legal profession in alternative dispute resolutions.
articolo
2020
Locatelli, Francesca
(2020). Arbitration appointments: a matter of "diversity" [journal article - articolo]. In JUDICIUM. Retrieved from http://hdl.handle.net/10446/165027
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