Articles & Analysis

In-depth analysis, commentary and insights on Italian arbitration law from legal professionals and academics.

113 articles by 15 authors · 3 published this year

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art. 816/quater It. code civ. proc.

Both from a historical point of view and in a number of its actual implementations, arbitration is a bilateral dispute resolution mechanism: in other…
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Arbitration Domestic arbitration
art. 34 decree no. 5/2003

Two virtually simultaneous decisions, issued by two different lower Courts, reached opposite conclusions (Court of Catania, decision No. 1020 of 13 March 2020, Italian…
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Arbitration clause Articles of association clause
art. 34 decree no. 5/2003

The recent publication of two decisions issued by different national courts of first instance (Court of Civitavecchia, decision No. 2 of 7 January 2021,…
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Arbitration clause Articles of association clause
art. 829 It. code civ. proc.

A recent decision issued by the Italian Supreme Court (decision No. 1788 of 28 January 2021, Italian text available here) deals with the issue…
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Arbitration Domestic arbitration
art. 806 It. code civ. proc.

Mountains of papers have been written, countless rhetorical statements and a handful of enlightening and careful considerations were spent to describe 2020 and how…
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Corporate arbitration Domestic arbitration
art. 806 It. code civ. proc.

The Court of first instance of Milan addressed in its decision No. 7692 of 26 November 2020 (Italian text available here) the issue arising…
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Arbitration clause Clause
art. 34 decree no. 5/2003

Italian law provisions on corporate arbitration (enacted by legislative decree no. 5 of 17 January 2003) entails a number of interpretative issues, possibly the…
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Arbitration Arbitration clause
art. 808 It. code civ. proc.

Separability presumption is universally applied, as the relevant doctrine spread all over the world during the first half of XX century. In the words…
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Arbitration Arbitration clause
art. 806 It. code civ. proc.

In order to access the Recovery Fund, EU member States are required to draft a “National Recovery and Resilience Plan”, consistent with the specific…
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Arbitration Domestic arbitration
art. 817 It. code civ. proc.

An Arbitral Tribunal seated in Padua recently dealt with some issues concerning its jurisdiction. The award was delivered on 21 January 2020 and its…
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Arbitration clause Clause