Court of Milan Archivi - Arbitration in Italy

Parallel paths

by Roberto Olivaart. 819/ter It. code civ. proc. 10 August 202210 August 2022No Comments

As far as the relationship between arbitration and Court proceedings is concerned, Italian law applies the s.c. parallel paths doctrine. This doctrine is laid down by Article 819-ter of the Italian Code of Civil Procedure, whereby “the jurisdiction of arbitrators is not excluded by the fact that the same case is pending before the State Courts, nor by the fact that a related case is pending before the State Courts”.

This principle applies in several cases, some of which relate to corporate matters. For this reason, a recent decision of the Court of Milan is of particular interest (Court of first instance of Milan, 12 July 2022, No. 6095, Italian text available here), as the judge failed to apply the said principle.

Court’s costs and fees

by Roberto Olivaart. 806 It. code civ. proc. 28 July 202210 August 2022No Comments

The Court of Appeal of Milan and the Court of first instance of Milan recently issued two decisions on the issue of Court’s and attorney’s fees in case an objection to the Court’s jurisdiction is granted, as the parties entered into an arbitration agreement.

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Arbitration and choice of forum clauses

by Luca Giusquiamiart. 806 It. code civ. proc., art. 808/quater It. code civ. proc. 30 December 202030 December 2020No Comments

The Court of first instance of Milan addressed in its decision No. 7692 of 26 November 2020 (Italian text available here) the issue arising out of the coexistence, within the same contract, of an arbitration clause and a choice of forum clause.

Arbitration and tort claims

by Roberto Olivaart. 808/bis It. code civ. proc. 27 February 202027 February 2020No Comments

A recent decision issued by the Court of Milan (No. 1684 of 24 February 2020, Italian text available here) concerns a very interesting topic, that of Arbitral Tribunals jurisdiction over non-contractual claims related to a contract.

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Pre-contractual liability and arbitration

by Roberto Olivaart. 808/bis It. code civ. proc., art. 808/quater It. code civ. proc. 9 January 202010 January 2020No Comments

Pre-contractual liability, under Italian law, is a form of tort liability. In a nutshell (and with some degree of approximation), it concerns cases similar to those provided for by English Misrepresentation Act 1967, as well as other cases falling outside the scope of the said Act involving a breach of the duty to act in good faith during the negotiations aimed at entering into a contract.

In this respect, a topic of great interest is that of the enforceability of the arbitration agreement possibly contained in the contract in case of pre-contractual claims (or tort claims related to the negotiation, the execution and the fulfilment of the contract).

I have already written some posts concerning that topic (available, for example, here and here) and an article of mine will be published soon in the Italian law review Danno e Responsabilità.

A recent decision issued by the Court of first instance of Milan (No. 58 of 8 January 2020, Italian text available here) addressed the same topic. In my opinion, such decision is really impressive, both for its detailed and thorough grounds and for the conclusions it reached.

Counterclaims and objection to Court’s jurisdiction

by Roberto Olivaart. 34 decree no. 5/2003 25 November 201926 November 2019No Comments

The Court of first instance of Milan issued an interesting decision addressing the relationship between counterclaims and objection to the Court’s jurisdiction raised by the counter-claimant (decision No. 10728 of 21 November 2019, Italian text available here).

Contractual restitutions and arbitration

by Roberto Olivaart. 808/bis It. code civ. proc., art. 808/quater It. code civ. proc. 26 August 201926 August 2019No Comments

A recent decision issued by the Court of first instance of Milan (decision No. 7884 of 22 August 2019, Italian text available here) concerns the relationship between contractual restitutions and arbitration.

Assignment of the arbitration agreement

by Roberto Olivaart. 808 It. code civ. proc. 10 July 201630 August 2016No Comments

Italian Courts set forth peculiar rules concerning the assignment of the arbitration agreement in case of assignment of credit. In this respect, a recent decision issued by the Court of first instance of Milan (Court of first instance of Milan, VII Civil Chamber, decision no. 8379 of 5 July 2016, Italian text available here) is worth a mention.

Corporate arbitration and interim measures

by Roberto Olivaart. 700 It. code civ. proc., art. 35 decree no. 5/2003, art. 2378 It. civil code, art. 2479/ter It. civil code 28 December 201521 July 2016No Comments

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).

Construction of the arbitration clause contained in the Articles of association

by Roberto Olivaart. 808/quater It. code civ. proc. 23 September 201524 July 2016No Comments

In its decision no. 10610 of 22 September 2015, the Court of first instance of Milan declared its lack of jurisdiction on the challenge of a resolution of a cooperative company. The Court used a broad construction of the arbitration clause contained in the company’s Articles of association. The Italian full text of the decision is available here.

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