Liquidated damages, termination and arbitration
Arbitrability of disputes arising out of the termination of a contract: in my opinion, this is a very interesting topic,...
Articles & Analysis
In-depth analysis, commentary and insights on Italian arbitration law. Expert perspectives from leading legal professionals and academics.
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108 article(s) found
Pre-contractual liability and arbitration
Pre-contractual liability, under Italian law, is a form of tort liability. In a nutshell (and with some degree of approximation),...
Arbitration in a nutshell
This blog is inter alia aimed at spreading and improving the knowledge of arbitration in Italy, hoping that this increased...
Counterclaims and objection to Court’s jurisdiction
The Court of first instance of Milan issued an interesting decision addressing the relationship between counterclaims and objection to the...
Joinder and arbitration
In certain cases, Italian law requires the joinder of certain parties to the proceedings. For instance, as a general rule,...
“Irrituale” arbitration in corporate matters
The Court of first instance of Salerno recently heard a complex corporate case and its decision (No. 3296 of 21...
Separability of the arbitration clause
The arbitration clause, in Italian jurisdiction as well as in a number of other jurisdictions, does not constitute an ancillary...
Stare decisis?
Italian legal system is a civil law system: as a consequence, stare decisis doctrine does not apply in Italy. However,...
Bankruptcy receiver’s claims
A recent decision issued by the Italian Supreme Court (Italian Supreme Court, I Civil Chamber, decision No. 24444 of 30...
Objection to State Court’s jurisdiction
A contract contains an arbitration clause whereby the parties’ disputes are referred to arbitration. Notwithstanding the said clause, a party...
Iura novit Arbiter
A recent decision issued by the Court of Appeal of Genoa (decision No. 1215 of 27 August 2019, Italian text...
Arbitration and non-contractual claims
In the previous post, I examined a decision, regarding arbitration and contractual restitutions, that in my opinion is not correct....