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Justice in Italy is not necessarily fast. This is pretty much common knowledge, but it is also confirmed by an OECD comparative study of 2010.
Such lengthy times and the related costs have been more than just a bit problematic for foreign companies planning to set up in Italy, potentially even swaying some away from investing there.
The Alternative Dispute Resolution (ADR) has gained ground internationally and in Italy. This consists of an array of tools and services to resolve disputes within time-limits and through methods that are different from – or alternative to– judicial proceedings, especially for trade law.
In particular, the Milan Arbitration Chamber offers state-of-the-art ADR legal services. Moreover, the tools offered are specific to the type of dispute and the required resolution. The range of subjects covered includes corporate affairs, construction, service outsourcing, supply contracts, commercial cooperation, real estate, rent sale & concession of a company branch, intellectual property, transportation, leasing, purchase and sale agreements, banking and insurance agency.
Specific projects offer additional support for international operators. For example, the Milan Arbitration Chamber has partnered with ICBMC (Italy-China Business Mediation Centre) to offer special expertise on disputes between Chinese and Italian companies.
The average duration of such proceedings is only 14 months.
Another point that makes a strong case for opting for arbitration and ADR is the fact that there are virtually no language barriers, since the parties can appoint interpreters of their choice and they do not have to rely on court-appointed services that are not always as reliable and fast as they should be.
So, for leading international investors it is really: “goodbye lengthy justice and hello arbitration!”, in the heart of Milan and Lombardy, Italy’s business and financial powerhouse.
Written by Mariolina Mapelli-Bailey – AMI