Tag Archive for: Arbitration and Mediation

Giustizia consensuale No 1/2025: Abstracts

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The first issue of 2025 of Giustizia consensuale (published by Editoriale Scientifica) has been released, and it features:

Cesare Cavallini (Professor at Bocconi University, Milan), L’arbitrato come processo e giustizia consensuale (Arbitration as a Process and Consensual Justice; in Italian).

The essay aims to analyze the phenomenon of private autonomy and consensual justice in arbitration as it has evolved through various reforms. The goal is to highlight arbitration as a process and a form of consensual justice that is alternative yet distinct from ordinary judicial proceedings and fully aligned with constitutional principles. This objective becomes even more significant when compared to the very different and controversial issues discussed in American legal doctrine, which instead point to an unceasing erosion of rights through a blending of public interferences in arbitration and private ones in ordinary justice, raising concerns about the legitimacy of private autonomy within the framework of civil protections under constitutional scrutiny. Read more

Giustizia consensuale No 2/2024: Abstracts

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The second issue of 2024 of Giustizia consensuale (published by Editoriale Scientifica) has just been released, and it features:

Tommaso dalla Massara (Professor at Università Roma Tre), Per un’ermeneutica della certezza nel processo civile romano: tra regula iuris e determinazione pecuniaria (For a Hermeneutics of Certainty in the Roman Civil Process: Between Regula Iuris and Pecuniary Determination; in Italian).

This contribution offers a reflection on procedural certainty, starting from the Roman classical process. In particular, crucial is the idea that, in this procedural system, certainty is to be related to the rule of ‘condemnatio pecuniaria’. Thus, certainty is translated into the determinacy of the pecuniary sentence. What emerges is a peculiar way of understanding judicial activity, which is characterised by the alternativeness between the groundedness and groundlessness of the claim (si paret/si non paret oriented to a certum), as opposed to the hypothesis in which the assessment is left entirely to the judge.

Beatrice Ficcarelli (Associate Professor at the University of Florence), L’acquisizione di informazioni e «prove» nella negoziazione assistita da avvocati: la tessera che mancava (The Acquisition of Information and ‘Evidence’ in Negotiation Assisted by Lawyers: The Missing Piece of the Puzzle; in Italian). Read more

Giustizia consensuale No 1/2024: Abstracts

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The first issue of 2024 of Giustizia consensuale (published by Editoriale Scientifica) has just been released, and it features:

Paolo Comoglio (Associate Professor at the University of Genoa), Giustizia forzata. Lo strano caso dell’offer to settle in Cassazione nel nuovo art. 380 bis c.p.c. (Forced Justice. The Strange Case of the Offer to Settle before the Court of Cassation pursuant to the New Article 380-bis of the Italian Code of Civil Procedure; in Italian).

This article examines the accelerated definition procedure for Cassation appeals pursuant to Article 380-bis of the Italian Code of Civil Procedure, as amended by the ‘Cartabia reform’. Beginning with an analysis of case law, the article critically explores the main questions of unconstitutionality surrounding Article 380-bis and the uncertainties that this peculiar procedural device poses.

Paola Licci (Researcher at the Università di Roma Tor Vergata), La centralità della giustizia consensuale nelle controversie di lavoro (The Centrality of Consensual Justice in Labor Disputes; in Italian)

This article examines the evolution of consensual justice in labor matters, beginning with the first form of conciliation provided by the law on probiviral tribunal and ending with the assisted negotiation introduced in labor disputes by the ‘Cartabia reform’. The analysis of these institutions reveals that consensual justice plays a fundamental role in resolving labor disputes, both due to the nature of the litigation and the inability of the justice system to offer effective (and differentiated) protection swiftly.

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Nigeria ratifies the Singapore Convention on Mediation

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On 27 November 2023, Nigeria became the thirteenth country/State to ratify the Singapore Convention on Mediation. The Convention will enter into force in Nigeria on 27 May 2024.

The Singapore Convention on Mediation facilitates international trade and promotes mediation as an alternative and effective method of resolving commercial disputes by providing an effective mechanism for the enforcement of international settlement agreements resulting from mediation.

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