The new cassation and arbitration process

Reform of the body of rules in the Code of Civil Procedure governing cassation appeals and the rationalization of arbitration regulations was provided for in Delegated Act No. 80 of May 14, 2005, and was implemented by Legislative Decree No. 40 of February 2, 2006. The amendment to the rules governing civil proceedings is inspired above all by the recovery and enhancement of the function of "nomofilachia," which constitutes, as is well known, the main and most important task performed by the Court, while, as mentioned above, the reform of the discipline of arbitration is aimed at the rationalization of the procedure and, in addition, the necessary alignment of the relevant discipline with the rules governing I international arbitration. The legislative decree under consideration is divided into three chapters: the first dedicated to the modification of the discipline of the cassation process in nomofilactic function; the second dedicated to the reform in a rationalizing sense of the discipline of the institution of arbitration and the third containing the final provisions. With regard to the reform of the "civil cassation process," it should, first of all, be said that the spirit of the reform itself is aimed at enhancing and exalting the nomofilactic role of the Court of Cassation as it emerges from the statement in Article 65 of Royal Decree No. 12 of January 30, 1941, on the judicial system , which, precisely, ensures "the exact observance and uniform interpretation of the law, the unity of national objective law, and respect for the limits of the different jurisdictions."
Author: Nunzio Santi Di Paola
Year of publication: 2006
Publishing house: Maggioli Publisher
Pages: 133
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