Italian litigation deserves its reputation for slowness only when it is run badly. For a documented debt there is a summary injunction procedure that produces an enforceable order in weeks rather than years, and provisional remedies that freeze assets before the debtor can move them. The strategy is chosen in the first meeting, not after a year of pleadings.
The fast lane: decreto ingiuntivo
If your claim rests on written evidence — invoices, a signed contract, an accepted order, a bounced payment — we can apply for an injunction without a hearing. The debtor has forty days to oppose. Many do not, and the order becomes enforceable.
Where the evidence is strong we seek provisional enforceability immediately, which lets us move against the debtor's assets while any opposition is still pending.
Full proceedings, mediation and arbitration
Many commercial disputes must pass through mandatory mediation before a court will hear them. Handled properly this is an opportunity rather than an obstacle: it is fast, confidential, and produces an enforceable settlement.
We also act in arbitration under the Milan Chamber, ICC and ad hoc rules, and we advise at the drafting stage on which clause will actually serve you when the relationship fails.
- Breach of contract, supply failure and defective goods
- Agency and distribution termination indemnities
- Shareholder and joint-venture disputes
- Professional negligence and construction claims
- Unfair competition, trade secrets and IP enforcement
Making a US judgment bite in Italy
There is no treaty between Italy and the United States for the automatic recognition of judgments, but Italian law provides a recognition route, and a US judgment that meets the statutory conditions can be declared enforceable. Arbitral awards travel more easily under the New York Convention.
Once recognised, we execute: attachment of bank accounts, garnishment of receivables owed by Italian customers, and seizure and judicial sale of real estate.
Getting there first
Where there is a real risk the debtor will empty the company or transfer the building, we apply for a sequestro conservativo — a pre-judgment freeze. It is granted on evidence of both a good claim and a genuine risk of dissipation, and it changes the negotiation completely.
Questions we are asked about this
How long does a decreto ingiuntivo take?
Typically thirty to sixty days from filing to the order, then forty days for the debtor to oppose. Provisional enforceability can allow execution earlier.
Can I recover my legal costs?
In Italy costs generally follow the event, so a successful claimant is normally awarded costs against the losing party, assessed on statutory parameters.
The contract says New York law and New York courts. Is that a problem?
Not necessarily, but enforcement will still happen where the assets are. We tell you at the outset whether that clause helps or simply adds a step.