Abstract
The title of my presentation, besides being a play on the title of the Coen brothers film, makes it clear that Italy is not exactly the most hospitable environment when it comes to the popularity of arbitration. It is true that statistical data, when available, concern essentially institutional arbitration (the empirical data are not really updated. The only comprehensive survey of ADR in Italy concerns 2016; in that year the total number of arbitration procedures carried out by private and public institutions was 708 (784 in 2015) and can be considered misleading, at least to a certain degree, since nothing is officially known of the phenomenon of ad hoc arbitration, which, apparently, is very popular but escapes survey. In any event, my purpose here is to sketch out some of the reasons why arbitration is still an elitist method for resolving disputes, in general – as we will see – commercial disputes.
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