Once again, on arbitration and insolvency
Two recent rulings of the Italian Supreme Court analysed the relationship between arbitration and insolvency proceedings. The first ruling (decision no....
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
Construction of the arbitration clause contained in the Articles of association
In its decision no. 10610 of 22 September 2015, the Court of first instance of Milan declared its lack of jurisdiction on...
Arbitration and shareholders’ loan
If an arbitration clause is stipulated in the company’s Articles of association, disputes between a former shareholder and the company, concerning...
Once again, on arbitration and companies financial statements
The Supreme Court confirmed the non arbitrability of disputes concerning the challenge of company’s resolutions approving the financial statements (order no. 17950 of...
Arbitrators’ fees
In its decision no. 17956 of 11 September 2015, the Supreme Court applied for the first time Article 816/septies of the...
Challenge of shareholders’ resolutions
Order no. 17283 of 28 August 2015 of the Italian Supreme Court affirmed the jurisdiction of an Arbitral Tribunal on...
CAM’s guidelines for Tribunal-appointed experts
The Chamber of Arbitration of Milan has recently issued its guidelines for Tribunal-appointed experts in arbitration proceedings administered by the...
Arbitration and companies financial statements
The Court of first instance of Milan went back to analyse the relationship between Courts’ jurisdiction and the jurisdiction of Arbitral Tribunals,...
Construction of arbitration clause
The wording of the arbitration clause should be carefully selected, as it constitutes the basis of the jurisdiction of the Arbitral...
International Court of Arbitration
The World Council of the International Chamber of Commerce appointed the members of the International Court of Arbitration for the term July 2015-June 2018....
Arbitration in Italy
Arbitration in Italy was founded in 2015 by Roberto Oliva as a blog. The underlying idea was that of spreading...
Arbitration and insolvency
In insolvency matters, Italian law does not favour arbitration. On the one hand, the vis attractiva concorsus principle pursuant to article...