La riforma del processo civile nella prospettiva del diritto processuale civile internazionale

• Autores: Antonio Carratta
• Localización: Rivista di diritto internazionale, ISSN 0035-6158, Vol. 106, Nº 4, 2023, págs. 915-959
• Idioma: italiano
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• Resumen

  • This article examines the innovations introduced by the Italian legislator with the recent Legislative Decree No. 149/2022 on the reform of the Italian rules of civil procedure, also relevant to international civil procedural law. In particular, it focuses on the amendments to Article 37 of the Italian Civil Procedure Code on the lack of jurisdiction; on the introduction of the possibility to seek revocation of a civil judgment conflicting with a decision of the European Court of Human Rights; on the provisions introduced in relation to the remedies against the automatic recognition and/or enforcement in Italy of foreign judgments given in a EU Member State in application of EU regulations or in a third State; finally, on the new provisions about the arbitral procedure, specifically, the new provisions introducing the obligation of the arbitrators to disclose potential conflicts of interests, as well as granting arbitrators powers to order interim measures.