Corporate disputes

by Roberto Olivaart. 34 decree no. 5/2003, art. 2379 It. civil code, art. 2434/bis It. civil code, art. 2479/ter It. civil codePosted on One Comment

Corporate disputes are capable of arbitration, under Italian law, if they concern negotiable rights (Art. 34(1) of Legislative Decree no. 5 of 17 January 2003). Therefore, the question is: what does “negotiable rights” mean?

The Court of first instance of Florence established an interesting doctrine of arbitrability of corporate disputes, which is enunciated in a recent decision (no. 2906 of 8 September 2016, Italian text available here).

I already examined that doctrine (in this post); moreover, the issue of arbitrability of corporate disputes has often been  mentioned on this blog (for instance, in this post, in this one and this one too).

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Corporate arbitration: and yet it moves!

by Roberto Olivaart. 34 decree no. 5/2003, art. 2379 It. civil code, art. 2434/bis It. civil code, art. 2479/ter It. civil code, art. 2533 It. civil codePosted on No Comments

A recent decision by the Court of first instance of Florence (decision no. 1129 of 21 March 2016 of III Civil Chamber of the Court of first instance of Florence, Italian text available here) re-opens the debate on the topic of arbitrability of corporate disputes, and it is particularly notable for the clarity of its reasoning.

We previously talked about this topic on several occasions (for instance, on this post, on this one and this one as well).

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Arbitrability of corporate disputes

by Roberto Olivaart. 70 It. code civ. proc., art. 669/quinquies It. code civ. proc., art. 806 It. code civ. proc., art. 34 decree no. 5/2003, art. 2434/bis It. civil code, art. 2487 It. civil codePosted on No Comments

A recent ruling of the Court of first instance of Rome (decision no. 25936 of 30 December 2015, Italian text available here) brings up the issue of the arbitrability of corporate disputes, in particular those relating to the challenge of resolutions of company’s general meetings.

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