Arbitration,
developed and strengthened by the Chambers system,
allows entrusting a third party (or a board),
rather than a judge, with the settlement of
a dispute between entrepreneurs and between
entrepreneurs and consumers. In case of arbitration
at the Chambers of Commerce, reference is generally
made to administered arbitration, through which
the parties are obliged to comply with the provisions
of the Chambers authority in the management
of the relevant procedure. Settling disputes
through arbitration entails expenses by far
lower than those needed in case of Civilian
Justice, besides a reduction in waiting times,
since dispute settlement is more flexible, as
it is not subject to the formal and bureaucratic
constraints requested by the judicial system.
Since their establishment,
the Chambers of Commerce were the natural seat
for the settlement of disputes between economic
operators and, thence, their functions always
included the promotion of the constitution and
the regulation of permanent arbitration for
dispute settlement. The reform law no. 580 of
1993 confirmed the entrustment of this task
to the Chambers of Commerce, envisaging that
they, either individually or in an associated
form, can promote the establishment of arbitration
and conciliation commissions to settle disputes
between enterprises and between enterprises
and consumers. Arbitration Chambers are suitable
authorities established by the Chambers of Commerce
for carrying out the arbitration activity.
The legitimation of arbitration
originates from the Code of Civil Procedure,
which envisages that the parties can decide
to entrust arbitrators with the settlement of
the disputes arisen between them. In other words,
the submission of the dispute to arbitration
must be established by the parties, which can
arrange it in advance, through an arbitration
clause included in the agreement they sign.
In default of said arbitration clause, once
the dispute arose, the parties can have recourse
to arbitration through the above-mentioned arbitration
clause, that must be made in writing and indicate
the subject-matter of the dispute, under pain
of invalidity. The arbitration clause must contain
the indication of the arbitration Chamber to
be applied in case of dispute; it shall contain
the assignment of arbitrators, or it shall fix
their number and the appointment procedures.
Arbitration Chambers implement previously adopted
regulations providing for the rules on the carrying
out of arbitrations. Said regulations are binding
only with reference to the opposing parties
that implemented them while undertaking to entrust
the arbitration Chamber with the settlement
of the resolution arisen.
The decision of the board of arbitrators is
called award; it must be decided by a majority
of votes and it must be in writing. It must
show dates and place of the arbitration agreement,
besides the brief presentation of the reasons
for the arbitration decision and the final ruling.
|
