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 counter-claimant (decision No. 10728 of 21 November 2019, Italian text available here).
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 here), together with the decision issued by the Court of Appeal of Salerno with reference to the same dispute (No. 1311 of 14 September 2018, Italian text available here), provides the perfect opportunity to carry out a brief analysis of the issues concerning "irrituale" arbitration in corporate matters, that is to say the relationship between the "irrituale" arbitration as governed by Italian Code of Civil Procedure and arbitration in corporate matters under Italian Legislative Decree No. 5 of 17 January 2003 .
As a matter of fact, Italian law provides for two different kinds of arbitration proceedings: on the one hand, "regular" ("rituale") arbitration, resulting in an enforceable award; on the other hand, "irrituale" arbitration, whose award has the effect of a binding contract.
In addition, "irrituale" arbitration has certain other peculiarities: concerning, for instance, the recourse for its setting aside.
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 lower Courts tried to take a more appropriate approach, but to no avail (I discussed this issue, for instance, in this post).
A recent decision issued by the Court of first instance of Bologna (No. 1378 of 13 June 2019, Italian text availabe here) ostensibly applied the right doctrine (or the doctrine I deem right); nonetheless, it came to the wrong conclusion.
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 have agreed, under Article 832 of the Italian code of civil procedure, that the arbitration proceedings shall be subject to the arbitration rules in force at the time of the stipulation of the arbitration clause (however, in this case, the Arbitration Chamber may refuse to manage the proceedings).
The new rules are available here.
A recent decision issued by the Court of Cosenza (no. 1171 of 4 June 2019, Italian text available here) addresses the topic of the scope of corporate arbitration clauses.
After a year-long pause, a new article is available on Arbitration in Italy! It concerns a matter already analysed in the past: the relationship between arbitration and insolvency proceedings and, in particular, between arbitration and bankruptcy proceedings (please see here and here, as well as my article on YAR – Young Arbitration Review).
A recent decision of the Court of Appeal of Catanzaro (no. 1478 of 22 September 2016, Italian text available here) sums up the current doctrine of arbitrability of corporate disputes.
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).
If the Articles of Association of a company contain an arbitration clause, does that clause apply to disputes concerning the transfer of shares? This topic was recently discussed in the Court of first instance of Catania (decision no. 3127 of 7 June 2016, Italian text available here), which has replied negatively to this question.
A recent decision of the Court of first instance Naples (decision no. 4874 of 19 April 2016, Italian text available here) follows the (outdated) line of cases, according to which two different types of corporate arbitration would be possible: on the one hand, corporate arbitration pursuant to article 34(2) of Legislative Decree 5/2003 (which states that "the arbitration clause shall specify the number of the arbitrators and how to appoint them. In any case, the arbitrators shall be appointed by a third party unrelated to the company; otherwise, the clause shall be deemed as null and void (…)”); and on the other hand, common arbitration pursuant to Article 808 of Italian Code of Civil Procedure. This is the so-called "twin-track", which has already been discussed in this post.