Resolve Contractual Disputes in Italy

Updated on Thursday 25th August 2016

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Commercial relationships are usually established by two parties who decide to sign a contract, which will offer a guarantee that each of the persons involved will respect the rights and obligations deriving from that particular agreement. However, such relations may encounter various disputes, which can arise from the fact that one of the parties did not respect one or more of the provisions of the contract. At times, contractual conflicts can also arise due to the fact that a provision was misunderstood or was not added in the document. Our team of Italian lawyers can provide legal representation to those who have entered into a contractual dispute in Italy.

Alternative dispute resolution methods in Italy

Contractual conflicts, regardless of their origin, can be settled in Italy through alternative dispute resolution (ADR), which refers to a set of out-of-court procedures that aim to simplify the conflict between the parties. Such methods can be beneficial to the parties involved in the case in the situation in which they have expressed the wish to settle the conflict in an amicable manner.

In Italy, ADR refers to:

• negotiation;

• arbitration;

• conciliation;

• mediation.

The main advantage of these procedures refers to the time in which they can be settled, but also to the amount of money the parties have to spend, which is considerably lower than if the case would have been brought in front of an Italian court.

In the case of arbitration, the parties can choose an impartial arbitrator to provide a resolution to the contractual conflict. It is important to know that arbitrators in Italy are usually lawyers or law professors, familiar with the judicial system; our team of Italian attorneys can offer assistance to those who want to appeal to arbitration.

Resolve the contractual conflict in an Italian court

It is recommended to appeal to the Italian legal system when the ADR methods failed to provide a solution. However, the case can be brought to the court from the beginning, in the situation in which the parties can’t reach an agreement.

Contractual conflicts can be brought in front of the local courts if there are liabilities, but it is important to know that litigation can be a lengthy process.

Businessmen interested in receiving more details on the ways in which a contractual conflict can be resolved in Italy, can address to our Italian law firm for legal representation.