The importance of Arbitration and Alternative Disputes Resolution
Ordinary justice problems relating to the excessive duration of proceedings and decision times together with the increasingly unsustainable costs when compared to the quality of the services provided, more and more lead to the choice of arbitration as a practical, out-of-court alternative method for settling disputes in the civil sphere, with immediate positive implications for the interests of the parties involved in the dispute.
The Arbitration procedures.
Arbitration, whether monocratic or with a panel of arbitrators, cannot exceed a duration of 240 days and produces different benefits for the parties involved:
- fast procedural times;
- specialisation of the arbitrators in the matter of the dispute;
- possibility of defining the arbitration clause;
- applicability of all civil procedural rules to guarantee the parties;
- full validity of the arbitrator’s decision (award).
Arbitration may be requested by one or both parties depending on the subject matter, contractual or non-contractual – when there is:
- activation of the arbitration clause present in the contract or other deed;
- written agreement
- pre-contractual liability;
- unfair competition;
- condominium dispute
- unjust enrichment;
- repetition of undue payment;
- determination of biological damage, non-pecuniary and existential;
- corporate law dispute;
- labour dispute;
- banking law dispute;
- dispute concerning public or private tenders;
- dispute in advertising or sports.
- inheritance law dispute.
Iacovazzi International Law Firm assists its clients in national and international arbitration procedures as well as in alternative dispute resolution procedures (ADR), protecting the clients and assisting them in achieving the best settlement solution.