NEW ALTERNATIVE DISPUTE RESOLUTION PROCEDURE IN ITALIAN LAW

cropped-833.jpgIN SHORT: On 9th February 2015 the obligation to apply  to the assisted negotiation procedure with the assistance of a lawyer was introduced in the Italian legal system, under penalty of barring of the judicial claim.

FACTS: Such Law sets forth that such procedure must be fulfilled before filing the judicial claim in the disputes concerning the compensation of damages arising from  disputes aimed at obtaining the payment of amounts up to € 50.000,00 (except for specific order of payment procedures). It is also compulsory for proceedings that arise from road accidents.

WHY IT IS IMPORTANT: On the basis of such procedure, that is handled directly by the parties’ lawyers, it is possible to reach a conciliatory agreement that is enforceable. Since such alternative dispute procedure is new, it is still uncertain the practical result for the claimants.

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Just 3 Courts for Litigation with Foreign Companies in Italy

The Italian Government has just issued a new law  (Decreto Legge “del fare” article 75) which states that only three Italian Courts shall be competent forum to start a litigation between a foreign company and Italians.

The Courts are Milan for  North Italy, Rome for Center Italy and Neaples for South Italy.

Such new organization will create a great confusion, also on the basis that the three Courts are already suffering of great delays  in managing ordinary cases.

The new idea has been developed without any previous dialogue between the Government and the lawyers.

It is forecasted that it will be not approved without a struggle of the Italian lawyers against another Governmental  strange way to administer the Italian Judicial System.

We will keep you informed on the following developments.

Carlo Scarpa