Interim measures in support of arbitration in Italy

Produced in partnership with Filippo Frigerio of Portolano Cavallo and Martina Lucenti of Portolano Cavallo

Practice notes

Interim measures in support of arbitration in Italy

Produced in partnership with Filippo Frigerio of Portolano Cavallo and Martina Lucenti of Portolano Cavallo

Practice notes

For arbitration proceedings seated in Italy, arbitral tribunals cannot issue interim remedies (either provisional or conservative measures) unless as provided by Italian law (section 818 of the Italian Civil Procedural Code (CPC)). There is only one provision under Italian law relating to the arbitration of certain company Disputes that empowers arbitrators to issue interim measures.

Currently, arbitral tribunals are not granted the power to issue interim remedies (either provisional or conservative measures) in support of arbitration proceedings, with the exception of proceedings concerning specific company disputes. However, in arbitration proceedings started after 28 February 2023, the newly reformed CPC, s 818 will empower arbitral tribunals to grant interim measures, provided the parties have agreed so, even by incorporating third-parties’ regulations into their arbitral agreement, prior to the start of the arbitration proceeding.

The new reform

The newly amended CPC, s 818 provides that arbitrators now have the power to grant interim measures only if this power is expressly provided to them in (i) the arbitration agreement,

Filippo Frigerio

Associate, Portolano Cavallo

Filippo joined Portolano Cavallo in 2015. He is an attorney-at-law in Milan and earned his Law degree at the Università commerciale Luigi Bocconi of Milan in 2015.
In 2021, he attended the International Arbitration LL.M. at the University of Miami School of Law.
Filippo assists both Italian and foreign clients in litigation and arbitration disputes on civil and commercial matters. He provides assistance in connection with digital media, new technologies, intermediary liability, copyright, and Italian and European legislation concerning the protection of personal data.
While completing his university studies, Filippo attended courses at the University of Minnesota Law School of Minneapolis for a period of 5 months.
Until 2019, he served as teaching assistant at the Università Commerciale Luigi Bocconi. Between 2017 and 2018 he served as teaching assistant for the course “Fundamentals of Information Technology Law.”
In 2019, he attended the Columbia Summer Program in American Law at Amsterdam University (NL).
Filippo is also an active member of several national and international associations such as the Association Internationale des Jeunes Avocats (AIJA), YoungICCA and LES Italy. He published several articles on the “Medialaws” Law review and on Medialaws.eu blog.

Martina Lucenti

Partner, Portolano Cavallo

Martina joined Portolano Cavallo in 2017. She focuses on domestic and international litigation and arbitration.
She assists Italian and foreign clients in commercial and corporate disputes, post-M&A litigation, directors and officers’ liability suits, liability of financial and insurance intermediaries, insolvency litigation. She also assisted companies in civil actions for vicarious liability brought before criminal courts.
Martina acted as sole arbitrator and co-arbitrator in proceedings administered by the Milan Chamber of Arbitration.
She is a member of the International Bar Association (IBA), the International Chamber of Commerce (ICC), ArbitralWomen and of the Women’s White Collar Defence Association (WWCDA).
She is included by Who’s Who Legal in the Arbitration Future Leaders – Partners 2023 guide.
Before joining Portolano Cavallo, Martina worked for 12 years in the Litigation and Arbitration Department of BonelliErede, and previously at De Berti Jacchia Franchini Forlani.
In 2005, she obtained a Diploma in English Commercial Law from the College of Law of London. In 2008, she qualified as Solicitor of the Senior Courts of England and Wales (non-practising). She graduated summa cum laude from the Università Cattolica del Sacro Cuore of Milan in 2000. She was admitted to the Italian Bar in 2003.
She is admitted to practice before the Supreme Court of Cassation.

Jurisdiction(s):

United Kingdom

Key definition:

Disputes definition

What does Disputes mean?

There is a tPR code of practice on dispute management and regulation.

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