Fabio Santacroce

Fabio Santacroce

Education

  • Degree in Law (Bocconi University, Milan, 2012)
  • LL.M. (University of Cambridge, 2018)

Admissions

  • Milan Bar

Languages

Italian, English, French (reading and listening), Spanish (reading and listening), Portuguese (reading and listening)

Fabio specializes in arbitration (both domestic and international) and court litigation. He has participated as counsel, arbitrator, secretary or assistant to the arbitral tribunal in around 50 arbitrations across a variety of sectors (such as energy, telecommunications, construction, defence and insurance) under all major arbitration rules (ICC, ICSID, SIAC, LCIA, UNCITRAL and Milan Chamber of Arbitration). He has also developed a court litigation practice centering on commercial disputes and arbitration-related proceedings (particularly pre-arbitral injunctive relief and post-award proceedings).

As counsel, Fabio has recently represented:

  • a leading Italian energy group in two parallel ICC arbitrations against a European multinational group arising out of two contracts for the provision of energy services;
  • a leading German multinational group active in the defence sector in multibillion ICC arbitration proceedings brought against it by a European State;
  • an Italian supplier of materials handling systems against an Austrian company in court proceedings before the Tribunal of Milan;
  • the Mexican subsidiary of a prominent Italian steel-making group in an ICC arbitration and in post-award proceedings relating to a project for the construction in the US of one of the world’s largest iron-production plants;
  • four prominent European oil and gas companies in a post-M&A ICC arbitration against two US companies;
  • a major Italian energy company in an ICC arbitration arising from the acquisition of a hydro business; and
  • a French multinational active in the defence sector in a post-M&A ICC arbitration arising from their acquisition of an Italian company.

Fabio’s recent experience also include acting as:

  • Sole Arbitrator in an ICC “expedited arbitration” between an Italian company and a German company arising from a distribution agreement;
  • Sole Arbitrator in an ICC arbitration between an Italian company and a Swiss company arising out of a construction project;
  • Assistant to the Arbitral Tribunal in ICSID Case No. ARB/19/19 (IC Power Ltd and Kenon Holdings Ltd v. Republic of Peru);
  • Secretary to the Arbitral Tribunal in three parallel LCIA arbitrations between a third party funder and three Spanish companies; and
  • Secretary to the Arbitral Tribunal in an ICC arbitration between an investor and a European State arising out of an oil concession agreement.

Fabio is recognized as a “Next Generation Partner” (The Legal 500 “Dispute Resolution – Europe, Middle-East & Africa”), a “future leader” in international arbitration (Who’s Who Legal “Arbitration Future Leaders – Partners”), a notable Italian lawyer in that field (Who’s Who Legal “Italy: Arbitration”) and an “Up and Coming” arbitrator (Chambers and Partner’s “Dispute Resolution: Most in Demand Arbitrators”). He has also been featured in The Legal 500’s Dispute Resolution Powerlist: Italy.

Fabio publishes regularly with prestigious academic reviews, such as ICSID Review, Journal of International Arbitration and Arbitration International. In 2014, his essay “The Emergency Arbitrator: a full-fledged arbitrator rendering an enforceable award?” was named a runner-up for the McGill University’s Nappert Prize, and, in 2012, his graduate dissertation on international arbitration was awarded the Padovani prize by the Italian Society of International and European Law.

Between 2021 and 2024, Fabio was a Regional Representative for Europe of ICC YAAF, ICC’s below 40 association and one of the largest association of that type in the world.

Fabio graduated summa cum laude from Bocconi University and obtained an LLM from the University of Cambridge. Before joining ArbLit, he was a member of Freshfields Bruckhaus Deringer’s International Arbitration Group and, prior to that, of Hogan Lovell’s M&A department in Milan.  He is fluent in English, and reads French, Spanish and Portuguese.

  • Milan Bar (year of call: 2015)
  • ICC YAF (Regional Representative – Europe and Russia)
  • Young ICCA
  • Young International Arbitration Group (LCIA)
  • Bocconi Students Advocacy & Litigation
  • PUBLICATIONS

    • “Human Rights in International Arbitration” (Oxford University Press), Co-author with Massimo Benedettelli, forthcoming.
    • “Impartiality and independence of arbitrators in France and Italy: Where do we stand?”, Co-author with Vincenzo Antonio Speciale, Les cahiers de l’arbitrage (The Paris Journal of International Arbitration) (Lextenso), Vol. 4  2024, 775-798.
    • “Thou Shalt Have the Power to Grant Interim Relief: The Reform of the Italian Regime on Arbitral Interim Relief”, Co-author with Andrea Melchionda, Journal of International Arbitration (Wolters Kluwer), Vol 40(4)
      2023, 479–494.
    • “The Reform of Italian Arbitration Law”, Co-author with A. Melchionda, Arbitration & Mediation (Nomiki Bibliothiki), Vol. 9(5) 2023.
    • Sulla derogabilità della giurisdizione delle corti (o di altra autorità) dello Stato della sede con riguardo alla funzione di supporto e controllo dell’arbitrato”, Commentary to Court of Appeal of Milan, 7 May 2020, in Rivista dell’Arbitrato, 2021, 1, pp. 101-112.
    • “The Applicability of Human Rights Law in International Investment Disputes” in ICSID Review – Foreign Investment Law Journal (Oxford University Press), Vol. 34(1) 2019, 136–155.
    • “Navigating the troubled waters between jurisdiction and admissibility: an analysis of which law should govern characterization of preliminary issues in international arbitration”, in Arbitration International (Oxford University Press), Vol. 33(4) 2017, 539–570.
    • “The emergency arbitrator: a full-fledged arbitrator rendering an enforceable decision?”, in Arbitration International (Oxford University Press), Vol.31(2) 2015, 283-312.
    • “Efficacia ed eseguibilità delle decisioni dell’emergency arbitrator negli Stati Uniti”, in Diritto del Commercio Internazionale (Giuffrè), 2014, 2.
  • ICC YAAF/ICC Italia, Milan, October 30, 2024, “Breakfast talk with Claudia Salomon, the President of the ICC Court of Arbitration” (moderator)
  • ArbLit / Trevisan & Cuonzo, Milano, October 16, 2024, “La tutela dell’IP tra contenzioso e arbitrato” (moderator)
  • ICC YAAF, Atene, September 13, 2024, “Energy transition in Europe and ADR: what lies ahead?” (moderator)
  • ASA Below 40, Ginevra, June 14, 2024, “Need for Speed – Accelerating Justice in International Arbitration” (moderator)
  • Freie Universität, Berlin, May 23, 2024, “Arbitration in Italy and Germany – Recent Developments” (speaker)
  • ICC Arbitration and ADR Days, Tirana, May 23, 2024, “2nd edition of the in Albania (AADA)” (speaker)
  • Università di Torino, April 18, 2024, “International Arbitration a practical analysis and future outlook” (speaker)
  • ICC YAAF, Atene, October 1, 2023, “Construction disputes in Southeastern Europe: how to avoid and resolve them” (moderator)
  • ICC YAAF – AIA-ArbIt-40, Milano, July 3, 2023, “Procedural innovations in arbitration” (introductory greetings)
  • ICC YAAF, Milano, May 12, 2023, “ICC YAAF: Ethical Issues in International Arbitration” (introductory greetings)
  • ICC YAAF, Tirana, April 15, 2023, “ICC YAAF: Arbitral tribunals & State courts in SEE: competition or coordination” (moderator)
  • ICC YAAF, Atene, October 18, 2022, “The future of international arbitration” (moderator)
  • CEA, AIA-Arbit Below 40, Rovereto, October 4, 2019, “Tempora Mutantur: International Arbitration in Europe” (speaker)
  • ICC YAAF, Milano, December 11, 2018, “Human Rights in International Arbitration”
  • Cambridge University, March 3, 2018, “Cambridge Arbitration Day” (member of the organising committee)