This study analyzes the procedural changes introduced by the Cartabia Reform regarding the appeal of arbitral awards. The paper begins with an introduction outlining the regulatory context and the objectives of the reform. It then examines the extended time limit for appealing arbitral awards, equated to that for court judgments, highlighting the practical implications of this alignment. The discussion moves on to the various procedural “tracks” and their compatibility with appeals for nullity of the award, proposing solutions to harmonize different procedural needs. In the rescinding phase, the study emphasizes the importance of adopting rapid tracks for prompt case resolution, especially in cases of appeal rejection. Regarding the rescissory phase, it distinguishes between cases where the competence lies with the arbitrators and those where the Court of Appeal must intervene. A fast track is suggested for straightforward decision corrections, while a regular track with the appointment of an investigator is foreseen for cases requiring more in-depth investigation. Finally, the topic of inhibitory measures is addressed, highlighting the innovations and potential critical issues introduced by the reform.
(2024). Quale rito per l’impugnazione del lodo dopo la riforma Cartabia? [journal article - articolo]. In RIVISTA DELL'ARBITRATO. Retrieved from https://hdl.handle.net/10446/288011
Quale rito per l’impugnazione del lodo dopo la riforma Cartabia?
Giorgetti, Mariacarla
2024-01-01
Abstract
This study analyzes the procedural changes introduced by the Cartabia Reform regarding the appeal of arbitral awards. The paper begins with an introduction outlining the regulatory context and the objectives of the reform. It then examines the extended time limit for appealing arbitral awards, equated to that for court judgments, highlighting the practical implications of this alignment. The discussion moves on to the various procedural “tracks” and their compatibility with appeals for nullity of the award, proposing solutions to harmonize different procedural needs. In the rescinding phase, the study emphasizes the importance of adopting rapid tracks for prompt case resolution, especially in cases of appeal rejection. Regarding the rescissory phase, it distinguishes between cases where the competence lies with the arbitrators and those where the Court of Appeal must intervene. A fast track is suggested for straightforward decision corrections, while a regular track with the appointment of an investigator is foreseen for cases requiring more in-depth investigation. Finally, the topic of inhibitory measures is addressed, highlighting the innovations and potential critical issues introduced by the reform.File | Dimensione del file | Formato | |
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