Articles - Arbitration in Italy

Arbitration in Turkiye 16/08/2020

Impartiality of a sole arbitrator v. nationality in ICC Rules of Arbitration – A Turkish law take on the issue

by İdil Bozoğlu

This brief study addresses the Turkish Law take on the impartiality (for the purposes of this study, impartiality includes the...

art. 832 It. code civ. proc. 06/07/2020

CAM simplified arbitration

by Roberto Oliva

The Arbitration Rules of Milan Arbitration Chamber, which came into force a year ago (as discussed here), has recently been...

Arbitration clauseClause

art. 829 It. code civ. proc. 08/05/2020

Arbitration in the time of CoViD-19

by Roberto Oliva

CoViD-19 pandemic also has an impact on arbitration proceedings. The relevant issues were addressed by Italian lawmaker, that enacted provisions...

Arbitrationcovid

art. 808/bis It. code civ. proc. 27/02/2020

Arbitration and tort claims

by Roberto Oliva

A recent decision issued by the Court of Milan (No. 1684 of 24 February 2020, Italian text available here) concerns...

ArbitrationArbitration clause

art. 808/quater It. code civ. proc. 04/02/2020

Liquidated damages, termination and arbitration

by Roberto Oliva

Arbitrability of disputes arising out of the termination of a contract: in my opinion, this is a very interesting topic,...

ArbitrationArbitration clause

art. 808/bis It. code civ. proc. 09/01/2020

Pre-contractual liability and arbitration

by Roberto Oliva

Pre-contractual liability, under Italian law, is a form of tort liability. In a nutshell (and with some degree of approximation),...

ArbitrationArbitration clause

Without category 23/12/2019

Arbitration in a nutshell

by Roberto Oliva

This blog is inter alia aimed at spreading and improving the knowledge of arbitration in Italy, hoping that this increased...

art. 34 decree no. 5/2003 25/11/2019

Counterclaims and objection to Court’s jurisdiction

by Roberto Oliva

The Court of first instance of Milan issued an interesting decision addressing the relationship between counterclaims and objection to the...

ArbitrationArbitration clause

art. 829 It. code civ. proc. 11/11/2019

Joinder and arbitration

by Roberto Oliva

In certain cases, Italian law requires the joinder of certain parties to the proceedings. For instance, as a general rule,...

AppealArbitration

art. 34 decree no. 5/2003 24/10/2019

“Irrituale” arbitration in corporate matters

by Roberto Oliva

The Court of first instance of Salerno recently heard a complex corporate case and its decision (No. 3296 of 21...

AppealArbitration clause

art. 808 It. code civ. proc. 17/10/2019

Separability of the arbitration clause

by Roberto Oliva

The arbitration clause, in Italian jurisdiction as well as in a number of other jurisdictions, does not constitute an ancillary...

AppealArbitration clause

Without category 08/10/2019

Stare decisis?

by Roberto Oliva

Italian legal system is a civil law system: as a consequence, stare decisis doctrine does not apply in Italy. However,...

Italian Supreme Court

Arbitration in Italy

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Impartiality of a sole arbitrator v. nationality in ICC Rules of Arbitration – A Turkish law take on the issue

CAM simplified arbitration

Arbitration in the time of CoViD-19

Arbitration and tort claims

Liquidated damages, termination and arbitration

Pre-contractual liability and arbitration

Arbitration in a nutshell

Counterclaims and objection to Court’s jurisdiction

Joinder and arbitration

“Irrituale” arbitration in corporate matters

Separability of the arbitration clause

Stare decisis?