The Court of first instance of Milan in a recent order of 22 December 2015 (Italian text available here) deals with the issue of the relationship between corporate arbitration and the residual jurisdiction of the Courts to issue interim measures. This ruling is in line with the settled case law of the Court of Milan (as well as of several other Italian Courts).
This is the third time in row we deal with the issue of the review on the merits of an arbitration award, rendered pursuant to an arbitration clause stipulated before the 2006 reform of Italian arbitration law, in proceedings commenced after the reform.
The Court of Appeal of Venice, in its decision no. 2722 of 30 November 2015 (Italian text available here), deals with the issue of the possible review on the merits of an arbitration award rendered in proceedings commenced after the entry into force of Legislative Decree no. 40 of 2 February 2006 pursuant to an arbitration clause stipulated prior to the reform. Continue reading “Review of an award on the merits”