Litigation in Italy

Litigation in Italy

How to be represented in an Italian trial and the Crucial Role of a Legalized and Apostilled Power of Attorney (POA).

Our Litigation Services

Pre-Trial Consultation and Strategy

We offer comprehensive pre-trial consultation services to help foreign clients understand the legal landscape, evaluate their options, and devise a strategic plan for their case. Our team collaborates closely with clients to set realistic expectations and determine the most effective course of action.

Initiating the Legal Process

For foreign clients seeking representation in an Italian court, the initial phase is of paramount importance. This phase involves granting a Power of Attorney (POA) to a legal representative who will act on your behalf. This legal document empowers your designated representative to navigate the Italian legal system on your behalf.

Legalization and Apostille

The process of granting a POA becomes even more critical when dealing with international legal matters. To ensure the validity and enforceability of the POA in Italy, it must undergo a process of legalization and apostille. Our dedicated team at ILF Italian Law Firm is well-versed in guiding you through this crucial step, ensuring that your POA is recognized and accepted within the Italian legal framework.

Representation in Court

ILF Italian Law Firm boasts a strong track record of representing foreign clients in Italian courts. Our experienced litigators provide robust and persuasive arguments, leveraging their knowledge of Italian law and the unique aspects of each case to present a compelling defense.

Legal Research and Analysis

Our legal experts conduct thorough research and analysis to support our clients’ cases. We delve into relevant statutes, precedents, and legal doctrines to build a solid foundation for our arguments.

Negotiation and Alternative Dispute Resolution

In addition to courtroom representation, ILF Italian Law Firm excels in negotiation and alternative dispute resolution methods, such as mediation and arbitration. We strive to achieve favorable outcomes for our clients while minimizing the impact of lengthy courtroom proceedings. The most common contractual Alternative Dispute Resolution is the Arbitration.

Arbitration in Italy

Arbitration is an alternative dispute resolution procedure for settling disputes that do not concern non-disposable rights or for which there is no express legal prohibition, as provided by the Code of Civil Procedure. It involves entrusting a arbitral body (sole arbitrator/arbitration panel) with the task of resolving a dispute through a decision (the award) that will be binding on the parties.

Who is it for: individuals, businesses, professionals, and public entities.

The advantages are numerous:

  • Certain and rapid timelines,
  • Controlled and predetermined costs,
  • Confidentiality,
  • Specific expertise of the arbitrators,
  • Guarantee of impartiality and independence,
  • Clear rules,
  • Assistance from the Secretariat of the Arbitration Chamber in every phase of the proceedings.

Parties can choose different types of arbitration:

  • FORMAL (RITUAL) — The award has the effect of a court judgment and becomes an enforceable title.
  • INFORMAL (NON-RITUAL) — The award has a contractual nature and effect (it cannot directly become an enforceable title, but it can be used to request an injunction or as documentary evidence in a lawsuit).
  • LEGAL ARBITRATION — The Arbitrators must apply only the legal rules governing the matter to reach a decision.
  • EQUITABLE ARBITRATION — The Arbitrators can deviate from the strict letter of the law and refer to broader principles of justice in a broad sense, taking into account the specific case, its elements, and circumstances.
  • ADMINISTERED ARBITRATION — The parties request the intervention of an institution responsible for managing and overseeing every phase of the proceedings according to rules contained in a predetermined regulation and fee schedule, as is the case with the Arbitration Chamber of the Chamber of Commerce of Bergamo. It is thus simpler to resort to administered arbitration, as it is sufficient to indicate in the arbitration clause or in the arbitration agreement the reference to the specialized institution that will oversee every aspect of the arbitration proceedings.
  • AD HOC ARBITRATION — The procedure is directly governed by the parties in their arbitration agreement without reference to an arbitration institution. The clause may indicate the appointing authority of the Arbitral Body.
  • Arbitration thus allows the parties, through an arbitration agreement (arbitration clause or submission agreement), to steer the proceedings by choosing the arbitrators, the venue, the applicable rules, and the language in which the final decision (award) will be presented.

The dispute can also be resolved through a settlement both before and after the constitution of the Arbitral Body.

Appellate Services

Should a case require further action, our appellate team is well-equipped to handle appeals at higher courts. We meticulously review trial records, identify potential errors, and craft persuasive arguments to seek a successful outcome on appeal.

Why chose ILF Law Firm

Expertise in Italian Law

Our team of seasoned legal professionals possesses an in-depth understanding of the intricacies of Italian law, ensuring that our clients receive accurate and insightful guidance throughout their legal journey. We are well-versed in various legal domains, including civil, criminal, commercial, administrative, and more.

Specific Solutions for Foreign Clients

At ILF Italian Law Firm, we recognize that each case is unique and requires a personalized approach. We take the time to understand the cultural, linguistic, and legal differences that foreign clients may encounter, allowing us to provide solutions that align with their specific needs and goals.

Clear Communication

Navigating the legal process in a foreign country can be daunting. Our team is dedicated to maintaining open and transparent communication with our clients, ensuring that they are well-informed and involved at every step of their case.

Do you need further information?

Our legal team replied to all the most common questions about the topic.

Read the Litigation in Italy FAQs

Navigator Litigation in Italy

Litigation in Italy