Preliminary agreement and arbitration clause
An arbitration clause stipulated in the preliminary agreement (that is, a kind of agreement to agree, which is enforceable under Italian law) was not…
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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Arbitration clause and payment order
It is quite usual that, when inserting an arbitration clause in an agreement, a party would like to preserve its right to file with…
The case of the additional preposition
A recent judgment of the Supreme Court (decision no. 18707 of 22 September 2015, Italian text available here) dealt with a very peculiar case.…
Arbitration and statute of limitations
The First Civil Chamber of the Supreme Court requested the First President of the Court to transfer to the Supreme Court sitting en banc a…
Waiver of the right to arbitrate
The Court of first instance of Rome (decision no. 19215 of 28 September 2015, Italian text available here) ruled in a complex case concerning…
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. 13089 of 24 June…
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 the challenge of a…
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 the repayment of a…
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 10 September 2015 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 Italian Code of Civil…
Challenge of shareholders’ resolutions
Order no. 17283 of 28 August 2015 of the Italian Supreme Court affirmed the jurisdiction of an Arbitral Tribunal on the challenge of certain…
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 Chamber. These guidelines are available…