ITALIAN COMMERCIAL LITIGATION: AN OUTLINE
Rubrics: PROCEDURAL LAW
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
04.07.2016
Accepted:
05.07.2016
Published:
05.07.2016
Language:
Russian
Keywords:
Italy, judicial procedure, commercial litigation, civil proceedings, system of courts, recognition of foreign judgments, enforcement of foreign judgments.
Abstract (English):
The article contains the outline of the commercial litigation implemented in Italy taking into account the relevant amendments and changes adopted with the aim of rendering a “faster” justice. The author describes the Italian judicial system which involves courts of first instance (Giudice di Pace/Tribunale), the Court of Appeal (Corte d’Appello), and the Supreme Court or the Court of Cassation (Corte di Cassazione), indicating the statutorily prescribed criteria for referring a specific category of cases to the jurisdiction of each of those. The author dwells on the stages of civil proceedings, which include: pre-trial hearings, civil proceedings and judgment, appeal and cassation stages, as well as enforcement of judgments and orders. The special attention is paid for the procedure of the recognition and enforcement of foreign judgment and arbitration awards used in Italy. The author notes the tendency for a gradual replacement of the most of the old bilateral treaties in Europe by the European Regulations, at least in civil and commercial matters.
The article contains the outline of the commercial litigation implemented in Italy taking into account the relevant amendments and changes adopted with the aim of rendering a “faster” justice. The author describes the Italian judicial system which involves courts of first instance (Giudice di Pace/Tribunale), the Court of Appeal (Corte d’Appello), and the Supreme Court or the Court of Cassation (Corte di Cassazione), indicating the statutorily prescribed criteria for referring a specific category of cases to the jurisdiction of each of those. The author dwells on the stages of civil proceedings, which include: pre-trial hearings, civil proceedings and judgment, appeal and cassation stages, as well as enforcement of judgments and orders. The special attention is paid for the procedure of the recognition and enforcement of foreign judgment and arbitration awards used in Italy. The author notes the tendency for a gradual replacement of the most of the old bilateral treaties in Europe by the European Regulations, at least in civil and commercial matters.
Keywords:
Italy, judicial procedure, commercial litigation, civil proceedings, system of courts, recognition of foreign judgments, enforcement of foreign judgments.
Italy, judicial procedure, commercial litigation, civil proceedings, system of courts, recognition of foreign judgments, enforcement of foreign judgments.
1. De Meo M., Italian Commercial Litigation. Encyclopedia of International Commercial Litigation, 2007, ed. by the Hon. Sir Anthony Colman and published by Kluver Law International and updated annually.
