Reforming Arbitral Powers in Italy: Jurisdiction, Interim Measures, and the European Legal Order

This article reassesses the reach of the 2022 Cartabia Reform on Italian arbitration. It focuses on three levers: (1) arbitrators’ interim measures when conferred by the parties (Article 818 c.p.c.) and their enforcement through state courts; (2) corporate arbitration; and (3) jurisdictional objections and the codified competence-competence rule (Article 817 c.p.c.). Using comparative sources and recent case law, the article argues that what affects outcomes is not an inherent ‘structural asymmetry’ but coordination frictions – namely: the need for judicial intervention to give effect to non-pecuniary orders; heterogeneous procedural pathways across fora and rules; and contact points with EU law (public-policy review, intra-EU enforcement constraints, and state immunity). The reform does not create a self-contained regime; it yields a court-supported model whose performance turns on how legislators, courts, and arbitral institutions implement the new powers (e.g., by drafting clauses that grant interim powers, streamlining enforcement protocols, and clarifying court – arbitration interfaces). The conclusion sets out targeted proposals to foster a more coherent and predictably enforceable arbitral order.