Arbitration: Trends and Developments
Unveiling the Booming World of Arbitration
Global disagreements exert pressure on ongoing conflicts
In the realm of litigation, arbitration is becoming a hot topic. Both domestic and international cases are on the rise, captivating an ever-growing number of professionals within the legal field.
The Milan Chamber of Arbitration (Cam) has recently unveiled its 2023 statistics: 138 cases were submitted last year, marking a 5.3% increase compared to the previous year, and overall valued at over 545 million euros, a figure that has more than doubled since 2022. This escalation can be partly attributed to Cam's newly implemented regulations, which streamline the process of simplified arbitration, reducing costs and thereby widening access to private justice for less value-intensive disputes.
In addition to swift judgments (average 12 months at Cam in Italy), a positive impact of the Cartabia reform has been observed: "Full disclosure for arbitrators became mandatory, now offering a guarantee of transparency on potential conflicts of interest. This transparency undeniably influenced the possibility of adopting precautionary measures", observes Marco Torsello, co-founder of the specialized boutique Arblit.
Behind this surge in popularity, at least in Italy, are also market factors: the growing presence of foreign investors in the country, who view arbitration as an attractive prospect for resolving disputes. The complex issues involved in these cases necessitate specialized skills beyond the judge's capabilities, sometimes requiring niche expertise from technical consultants. "Being able to nominate an arbitrator not only on the basis of their specialization, but also on the basis of their potential to predict dispute resolutions, is crucial," notes Cecilia Carrara, partner of Legance. However, it's important to remember that an arbitrator must always maintain strict impartiality and transparency.
"The stability of arbitration decisions has significant weight since they are seldom subject to appeals," adds Filippo Rossi, partner of PedersoliGattai.
International arbitration is also on the rise. The International Chamber of Commerce (Icc) remains the world's primary reference, managing over 25,000 cases and reaching a record total of pending disputes valued at 354 billion dollars last year.
Embracing the Future: AI, Efficiency, and International Standards
As the world grows more interconnected, so too does the role of AI in arbitration. There's a palpable interest and positive sentiment surrounding its integration, with the potential to significantly improve the quality of dispute resolution and transform the field[3][4]. Furthermore, the 2025 QMUL International Arbitration Survey highlights efficiency, confidentiality, and the use of AI as major trends shaping the landscape[4].
In Switzerland, Portugal, and England, there's a discernible shift towards applying international arbitration standards, providing greater legal certainty[5].
As for Italy, while specific trends may be less documented, global trends like efficiency, cost-effectiveness, and the use of technology are undoubtedly influencing its evolution. The country's recent legal reforms and alignment with international standards will contribute to Italy's growth as a prominent arbitration hub.
Factors Fueling the Growth
- Legal Reforms: Italy's recent legal reforms, permitting arbitrators to issue interim measures, have enhanced its standing as an arbitration destination by improving procedural efficiency and effectiveness[2].
- Technological Adoption: The adoption of AI and legal technology has significant potential to improve the speed and quality of arbitration proceedings in Italy.
- International Standards: Shifting towards international arbitration standards can offer greater legal certainty, recently evidenced by Italy's active participation in international arbitration conferences and adoption of international norms.
- The expansion of arbitration in Italy is partly fueled by the growing presence of foreign investors who find arbitration an attractive option for resolving complex business disputes due to the specialised skills required, which sometimes necessitate niche expertise from technical consultants (specialised skills, foreign investors, arbitration, complex business disputes).
- The rise in popularity of arbitration, both domestically and internationally, is also driven by the benefits it offers in terms of finance, such as the stability of arbitration decisions that are seldom subject to appeals, and the efficient, cost-effective resolutions it provides, making it an attractive prospect for businesses seeking justice (finance, stability of decisions, efficiency, cost-effectiveness, justice, businesses).
