Contractual restitutions and arbitration
A recent decision issued by the Court of first instance of Milan (decision No. 7884 of 22 August 2019, Italian...
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
Arbitration clause and general terms and conditions
A recent decision issued by the Italian Supreme Court (decision No. 20078 of 24 July 2019, Italian text available here)...
Challenges to awards
The Court of Appeal of Milan issued a very interesting decision in proceedings aimed at setting aside an ICC award...
General terms and conditions
Arbitration clause provided for by general terms and conditions: is it enforceable? The issue was recently addressed in a decision...
Distinguishing Achmea
Two ICSID Arbitral Tribunals, on the basis of similar reasons, reached the same conclusion: Achmea decision (available here) does not...
Review on the merits
A recent decision issued by Italian Supreme Court (No. 17159 of 26 June 2019, Italian text available here) gives me...
Dispute Review Board in Italian Public Procurement
The so-called “Decree Unblock-Construction” (“Decreto Sblocca-Cantieri”) (decree No. 32 of 18 April 2019, converted into law No. 55 of 14...
Assignment of credit and arbitration clause
The Italian Supreme Court has recently upheld its doctrine on the circulation of the arbitration clause in case of credit...
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...
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...
Pledge for greener arbitrations
Lucy Greenwood, a collegue from the UK, is promoting the idea of a Pledge for Greener Arbitrations. I think that...
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...