Bankruptcy receiver’s claims
A recent decision issued by the Italian Supreme Court (Italian Supreme Court, I Civil Chamber, decision No. 24444 of 30...
Articles & Analysis
In-depth analysis, commentary and insights on Italian arbitration law. Expert perspectives from leading legal professionals and academics.
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112 article(s) found
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....
Contractual restitutions and arbitration
A recent decision issued by the Court of first instance of Milan (decision No. 7884 of 22 August 2019, Italian...
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...