On the nature of the ‘irritual arbitration’ and ‘ritual arbitration’ provided for by the Italian Code of Civil Procedure (Ewings srl/G.T.P.—Global Technology Partners srl)

Article summary

Arbitration analysis: The case concerned a dispute between two Italian companies before the Italian courts in the determination of the competent court (ordinary court or arbitrator). The claimant had proposed the application before the Court of Bologna and the defendant had objected that the arbitrator had competence, pursuant to arbitration clause. The Court of Bologna held that the defendant, through his lawyer, had waived that clause (for ‘irritual arbitration’) and therefore rejected the objection. However, the Italian Supreme Court held that the arbitration clause concluded by the parties was for a ‘ritual arbitration’ (arbitrato rituale) and found admissible, but rejected the special application (‘regolamento di competenza’) of the defendant, provided for by the Italian Code of Civil Procedure. The qualification of the nature of arbitration has very important consequences, in substantive and procedural terms, according to Italian law. Written by Marco Sposini, lawyer at Milan Bar Association.