art. 34 decree no. 5/2003 Archivi - Arbitration in Italy

Article art. 34 decree no. 5/2003

Challenge to the shareholders’ meeting resolution and arbitrability

✍️ by Stefano Fermi

📅 23/11/2022

The Court of Milan reaffirms, in a recent decision (No. 8411 of 26 October 2022, Italian text available here), the broad applicability of the arbitration...

Corporate arbitration

Article art. 34 decree no. 5/2003

Extended effects or separability doctrine?

✍️ by Roberto Oliva

📅 25/02/2021

Two virtually simultaneous decisions, issued by two different lower Courts, reached opposite conclusions (Court of Catania, decision No. 1020 of 13 March 2020, Italian text...

Arbitration clauseArticles of association clause

Article art. 34 decree no. 5/2003

Arbitration and consortia

✍️ by Riccardo Robuschi

📅 10/02/2021

The recent publication of two decisions issued by different national courts of first instance (Court of Civitavecchia, decision No. 2 of 7 January 2021, Italian...

Arbitration clauseArticles of association clause

Article art. 34 decree no. 5/2003

Corporate arbitration

✍️ by Roberto Oliva

📅 09/11/2020

Italian law provisions on corporate arbitration (enacted by legislative decree no. 5 of 17 January 2003) entails a number of interpretative issues, possibly the reason...

ArbitrationArbitration clause

Article art. 34 decree no. 5/2003

Separability presumption

✍️ by Roberto Oliva

📅 29/09/2020

Separability presumption is universally applied, as the relevant doctrine spread all over the world during the first half of XX century. In the words of...

ArbitrationArbitration clause

Article art. 34 decree no. 5/2003

International corporate arbitration

✍️ by Roberto Oliva

📅 07/09/2020

International corporate arbitration under Italian law is a very interesting topic that nonetheless is virtually neglected by Italian scholars. Besides, to date there are no...

Arbitration clauseArticles of association clause

Article art. 34 decree no. 5/2003

Counterclaims and objection to Court’s jurisdiction

✍️ by Roberto Oliva

📅 25/11/2019

The Court of first instance of Milan issued an interesting decision addressing the relationship between counterclaims and objection to the Court’s jurisdiction raised by the...

ArbitrationArbitration clause

Article art. 34 decree no. 5/2003

“Irrituale” arbitration in corporate matters

✍️ by Roberto Oliva

📅 24/10/2019

The Court of first instance of Salerno recently heard a complex corporate case and its decision (No. 3296 of 21 October 2019, Italian text available...

AppealArbitration clause

Article art. 2479/ter It. civil code

Corporate arbitration: the doctrine is (finally) right, its application is wrong

✍️ by Roberto Oliva

📅 16/06/2019

Corporate arbitration is a major topic for Italian arbitration practitioners. The Italian Supreme Court developed a doctrine and laid down principles not entirely right. Some...

Arbitration clauseArticles of association clause

Article art. 34 decree no. 5/2003

New arbitration rules of Milan Chamber of Arbitration

✍️ by Roberto Oliva

📅 09/06/2019

The Milan Chamber of Arbitration published its new arbitration rules. These new rules apply to arbitration proceedings commenced after 1st March 2019 unless the parties...

ArbitrationCorporate arbitration