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Corporate arbitration: the doctrine is (finally) right, its application is wrong

Corporate arbitration is a major topic for Italian arbitration practitioners.  The Italian Supreme Court developed a doctrine and laid down principles not entirely right.  Some lower Courts tried to take a more appropriate approach, but to no avail (I discussed this issue, for instance, in this post).

A recent decision issued by the Court of first instance of Bologna (No. 1378 of 13 June 2019, Italian text availabe here) ostensibly applied the right doctrine (or the doctrine I deem right); nonetheless, it came to the wrong conclusion.

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Wording of the arbitration clause and setting aside of the award

The wording of the arbitration clause is of utmost importance: this is a subject I have already dealt with (for instance in this post). A recent decision of the Court of Appeal of Milan (No. 2528 of 10 June 2019, Italian text available here) confirms this importance also with respect to the possible recourse for setting aside the award.

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Pledge for greener arbitrations

Lucy Greenwood, a collegue from the UK, is promoting the idea of a Pledge for Greener Arbitrations.

I think that this is a good idea and therefore I decided to share the link to take the pledge. Continue reading "Pledge for greener arbitrations"

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New arbitration rules of Milan Chamber of Arbitration

The Milan Chamber of Arbitration published its new arbitration rules.  These new rules apply to arbitration proceedings commenced after 1st March 2019 unless the parties have agreed, under Article 832 of the Italian code of civil procedure, that the arbitration proceedings shall be subject to the arbitration rules in force at the time of the stipulation of the arbitration clause (however, in this case, the Arbitration Chamber may refuse to manage the proceedings).

The new rules are available here.

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Prague Rules: minimal notes from an Italian perspective

In the last months, the international arbitration community has  discussed on a new topic: the Rules on the efficient conduct of proceedings in international arbitration (Prague Rules), officially presented on 14 December 2018  and available here.

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Corporate arbitration and insolvency proceedings

After a year-long pause, a new article is available on Arbitration in Italy!  It concerns a matter already analysed in the past: the relationship between arbitration and insolvency proceedings and, in particular, between arbitration and bankruptcy proceedings (please see here and here, as well as my article on YAR – Young Arbitration Review).

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Setting aside of arbitral awards

A recent decision delivered by the Court of Appeal of Brescia (decision no. 71 of 19 January 2017, Italian text available here) lets us briefly examine Italian rules on setting aside of arbitral awards and, in particular, the grounds for setting aside under Article 829 of Italian Code of Civil Procedure.

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Arbitration and order for payment

A recent decision issued by the Court of first instance of Rome (no. 24195 of 28 December 2016, Italian text available here) gives us the chance to examine an interesting topic: that concerning the relationship between arbitration and order for payment.

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Setting aside of a partial award

If the Arbitral Tribunal issued a partial award on jurisdiction, should the parties immediately request its setting aside or may they await the issuance of the final award? A recent decision of the Italian Supreme Court sitting en banc (decision no. 23463 of 18 November 2016, Italian text available here) maintains that the request for setting aside of such a partial award shall be filed together with the request for setting aside of the final award.

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