Arbitration vs. State Court justice: a comparative cost-effectiveness study by SDA Bocconi School of Management

Presentation

CAM commissioned SDA Bocconi School of Management to conduct a study aimed at comparing the cost-effectiveness of arbitration proceedings versus State Court judicial procedure.
The research compared the duration and costs of the two procedures, using a financial-economic approach to assess their efficiency.
In particular, the study analyzed 345 arbitration cases filed with CAM between 2019 and 2021, cross-referencing the data with responses from three surveys completed by 250 lawyers, court-appointed experts (CTUs), and in-house counsels, as well as data from the Milan Court.

The results showed that CAM arbitration is faster and more cost-effective than ordinary civil litigation.
Arbitration is completed more quickly, averaging 307 days, compared to the 764 days needed for a first-instance civil case and the 597 days required for an appeal. This allows businesses to "free up" resources tied up in the dispute sooner, enabling reinvestment in other activities.

The researchers based their comparison on the concept of the "financial value" of time. This means that the cost of the procedure is considered an investment made with the purpose of securing the recognition of a right.
The compensation awarded at the end of the process is the return on that investment.
The amount granted to the prevailing party can be reinvested during the remaining time that would otherwise be required to conclude the ordinary litigation.