The Commercial and Civil Referee is the professional who is in charge of resolving disputes without resorting to judicial proceedings in order to solve disputes in both civil and commercial. The referee then performs the task of third party intermediary to the dispute or more third parties that form the so-called arbitration panel, usually made up of three arbitrators of which two chosen by each party and the third appointed above the parties as to as the President of a court judging the dispute and produce the arbitration award, or their pronunciation that contains the event is most appropriate solution.
The institution of arbitration is foreseen in the Code of Civil Procedure within the articles 806-840 of Book IV, Title VIII. The referee usually has a fairly highly placed profile and is generally configured as lawyers, academics and judges of repute who are already competent with valid studies in the subjects in which they are called upon to decide. As is already known, entrust their disputes in a civil court, usually, entails for the parties to the dispute to wait several years before having a final decision by the judge, whereas, if the parties decide to entrust their dispute to arbitration or to an arbitration board may decide on the dispute, however, in a predetermined time (usually between 60 and 120 days) and fixed costs, in most cases lower than those of an ordinary trial. The referee working in the arbitration process that stems from the request for arbitration, or the act by which the object is detected in the process, which normally coincides with the object of the next award. Once the arbitration process began the parties may propose exceptions relating to interpretation, validity and effectiveness of the arbitration agreement. The arbitrator may be called on to play various types of arbitration as:
The binding arbitration, or as conforming to the will of the parties, leading to a decision, the ritual praise, which has the value of judgment and can be approved becoming enforceable;
Informal arbitration or when it leads to a decision, the so-called award irrituale that nature and negotiating effectiveness. It can never become directly enforceable but can be used to request an injunction or as documentary evidence in the course of proceedings;
Arbitration according to law, or if the arbitrators to reach the decision should only apply the law regulating the matter;
The arbitration in equity, or when the officials may deviate from the very rigor of the rule of law and refer to uses or principles of justice in the broadest sense to its elements and its circumstances;
The administered arbitration, or if the parties request the intervention of a body or institution responsible for the management and control of the various phases of the process according to the rules contained in the regulations and within the fixed tariff;
The documentary arbitration, or if the proceedings are conducted only through examination of documentary evidence and guarantees refereeing decisions quickly. It is particularly suitable for all moderate value disputes in which the parties waive a hearing personnel, witness evidence and the oral hearing;
The ad hoc arbitration, or if the procedure is governed directly by the parties in their arbitration agreement (arbitration clause) or in a separate document, without reference to an arbitration institution.
The decision is taken by the judge or by the arbitration panel is called the arbitration award and will have the same value judgment and therefore binding on the parties who may make it enforceable through the deposit at the Court and then take appropriate action for making claims. The Italian law considers as the only requirement for playing the role of arbiter full capacity to act: this role, in fact, can not be done by minors, the incapacitated, the interdicted from failed and those who are subject to disqualification from public office . The referee also must perform its task in a free and neutral, having no connection with the parties or their lawyers have a bearing on his work nor have their interests related to the dispute and after the acceptance, the referees are obliged to not give it up except for just cause, and to render an award within the period specified by the parties.
To become a judge practitioner is required that the candidate achieves a university career, taking the course of degree in law and is registered with the bar association. To pursue a single arbitrator or collegiate careers means that the referee practitioner:
has acted as a referee practitioner in fifteen arbitration proceedings;
and / or is registered with the bar association and in addition he has a certificate for having worked as a lawyer in at least ten joints procedures then to judgment;
and / or he has worked as a referee in other entities in at least five arbitration proceedings concluded through arbitration award;
and / or be a magistrate or justice of the peace.
To pursue a career, however, the President within the arbitration panel requires that the candidate:
has acted as the sole arbiter in at least twenty-five or collegiate concluded arbitration proceedings;
and / or has acted as counsel in at least thirty joints procedures then to judgment;
and / or candidates are ordinary professors of law;
and / or the candidate already plays the role of an ordinary judge or justice of the peace.