Article art. 806 It. code civ. proc.

A proposal for Italian arbitration

✍️ by Roberto Oliva

📅 21/09/2020

In order to access the Recovery Fund, EU member States are required to draft a “National Recovery and Resilience Plan”, consistent with the specific recommendations...

ArbitrationDomestic arbitration

Article art. 806 It. code civ. proc.

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. 633 It. code civ. proc.

Arbitration and order for payment

✍️ by Roberto Oliva

📅 04/01/2017

A recent decision issued by the Court of first instance of Rome (no. 24195 of 28 December 2016, Italian text available here) gives us the chance to examine...

ArbitrationCourt of Rome

Article art. 34 decree no. 5/2003

Arbitrability of corporate disputes

✍️ by Roberto Oliva

📅 02/10/2016

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...

AppealArbitration clause

Article art. 806 It. code civ. proc.

Arbitration and directors’ remuneration

✍️ by Roberto Oliva

📅 15/02/2016

The Supreme Court addressed the arbitrability of disputes between companies and directors concerning the directors’ remuneration (decision no. 2759 of 11 February 2016 of the...

ArbitrabilityArbitration clause

Article art. 806 It. code civ. proc.

Arbitrability of disputes

✍️ by Roberto Oliva

📅 27/01/2016

I find interesting a recent ruling of the Italian Supreme Court (order no. 1119 of 21 January 2016, VI Civil Chamber, Italian text available here),...

ArbitrabilityArbitration clause

Article art. 70 It. code civ. proc.

Arbitrability of corporate disputes

✍️ by Roberto Oliva

📅 08/01/2016

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...

ArbitrabilityArbitration clause

Article art. 806 It. code civ. proc.

Arbitration and embargo

✍️ by Roberto Oliva

📅 29/11/2015

The Supreme Court recently ruled on an interesting matter. The case dealt with the consequences of the prohibition to undertake or continue economic transactions with a...

ArbitrabilityArbitration clause

Article art. 806 It. code civ. proc.

Optional arbitration

✍️ by Roberto Oliva

📅 16/11/2015

An arbitration clause stipulates that all the disputes arising out of the agreement may be referred to an Arbitral Tribunal. Is that an optional arbitration, in the...

AppealAppeal before the Italian Supreme Court on ground of jurisdiction

Article art. 633 It. code civ. proc.

Arbitration clause and payment order

✍️ by Roberto Oliva

📅 31/10/2015

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...

Arbitration clauseArticles of association clause