International corporate arbitration

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 reported decisions.

First of all, a clarification of terminology is due: in this context, ‘international corporate arbitration’ means an abroad seated arbitration concerning a dispute falling within the scope of Article 34 of Italian Legislative Decree No. 5 of 17 January 2003, n. 5, which sets forth particular rules concerning arbitration in corporate matters.

In practice, possible cases of international commercial arbitration are not uncommon. For instance, an Italian incorporated company could represent the investment vehicle of a foreign entity. And that foreign entity could wish that corporate disputes (against an Italian co-investor, or the company’s directors) are referred to an abroad seated arbitration.

A few scholars addressed the relevant issue, which is also addressed by a recent decision issued by the Court of Appeal of Genoa (decision No. 649 of 9 July 2020, Italian text available here).

Continue reading “International corporate arbitration”

Arbitration and interim relief

It is the first time I comment on a non-Italian decision: it is a decision delivered by the High Court of England and Wales (Gerald Metals SA v. The Trustees of the Timis Trust & others [2016] EWHC 2327 (Ch), available here).  The decision concerns the relationship between interim jurisdiction of State Courts and Arbitral Tribunals and it remembered me of the doctrine of Italian State Courts in the few cases Italian Arbitral Tribunals have such a jurisdiction (that is, in the case of corporate arbitration).

Continue reading “Arbitration and interim relief”

Arbitrability of corporate disputes

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.

Continue reading “Arbitrability of corporate disputes”

Corporate arbitration and interim measures

A recent decision of the Court of first instance of Catania (decision no. 4041 of 19 July 2016, Italian text available here) focused on the relationship between corporate arbitration and interim measures and it is particularly interesting for its potential impact.

Continue reading “Corporate arbitration and interim measures”

Corporate arbitration and interim measures

The Court of first instance of Milan in a recent order of 22 December 2015 (Italian text available here) deals with the issue of the relationship between corporate arbitration and the residual jurisdiction of the Courts to issue interim measures. This ruling is in line with the settled case law of the Court of Milan (as well as of several other Italian Courts).

Continue reading “Corporate arbitration and interim measures”