Stare decisis?
Italian legal system is a civil law system: as a consequence, stare decisis doctrine does not apply in Italy. However, it is well known…
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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Bankruptcy receiver’s claims
A recent decision issued by the Italian Supreme Court (Italian Supreme Court, I Civil Chamber, decision No. 24444 of 30 September 2019, Italian text…
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 sues the other party…
Iura novit Arbiter
A recent decision issued by the Court of Appeal of Genoa (decision No. 1215 of 27 August 2019, Italian text available here) addresses a…
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. On the basis of…
Contractual restitutions and arbitration
A recent decision issued by the Court of first instance of Milan (decision No. 7884 of 22 August 2019, Italian text available here) concerns…
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) addresses the issue of…
Challenges to awards
The Court of Appeal of Milan issued a very interesting decision in proceedings aimed at setting aside an ICC award (decision No. 3123 of…
General terms and conditions
Arbitration clause provided for by general terms and conditions: is it enforceable? The issue was recently addressed in a decision issued by the Court…
Distinguishing Achmea
Two ICSID Arbitral Tribunals, on the basis of similar reasons, reached the same conclusion: Achmea decision (available here) does not affect their jurisdiction. In…
Review on the merits
A recent decision issued by Italian Supreme Court (No. 17159 of 26 June 2019, Italian text available here) gives me the chance to make…
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 June 2019) reintroduced, in…