art. 829 It. code civ. proc. Archivi

Article art. 829 It. code civ. proc.

When can the adversarial principle be considered violated?

✍️ by Roberto Oliva

📅 28/05/2025

A contract provides that one party handles design costs for subdividing property whilst the other proceeds with purchase, then transfers a portion to the first...

Article art. 829 It. code civ. proc.

Lack of decision: no annulment of the vitiated award if the disregarded claim should still be rejected

✍️ by Chiara Spaccapelo

📅 27/02/2023

The recent judgment rendered by the Supreme Court of Cassation no. 32796 dated 8th November 2022 (Italian text available here) resolved a delicate procedural issue,...

Article art. 829 It. code civ. proc.

Default arbitration proceedings

✍️ by Roberto Oliva

📅 01/10/2021

Default arbitration proceedings, or – with a more accurate wording – arbitration proceedings in which a situation occurs corresponding to the situation giving rise to...

AppealAppeal

Article art. 829 It. code civ. proc.

Arbitration award and “long” term to commence setting aside proceedings

✍️ by Marco Sposini

📅 31/05/2021

A recent decision rendered by Italian Supreme Court sitting en banc (decision No. 8776 of 30 March 2021, Italian text available here) has clarified –...

AppealAppeal

Article art. 829 It. code civ. proc.

Public policy

✍️ by Roberto Oliva

📅 05/02/2021

A recent decision issued by the Italian Supreme Court (decision No. 1788 of 28 January 2021, Italian text available here) deals with the issue of...

ArbitrationDomestic arbitration

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. 829 It. code civ. proc.

Arbitration in the time of CoViD-19

✍️ by Roberto Oliva

📅 08/05/2020

CoViD-19 pandemic also has an impact on arbitration proceedings. The relevant issues were addressed by Italian lawmaker, that enacted provisions which require careful thought for...

Arbitrationcovid

Article art. 829 It. code civ. proc.

Joinder and arbitration

✍️ by Roberto Oliva

📅 11/11/2019

In certain cases, Italian law requires the joinder of certain parties to the proceedings. For instance, as a general rule, the action aimed at setting...

AppealArbitration

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. 808/ter It. code civ. proc.

Objection to State Court’s jurisdiction

✍️ by Roberto Oliva

📅 25/09/2019

A contract contains an arbitration clause whereby the parties’ disputes are referred to arbitration. Notwithstanding the said clause, a party sues the other party in...

ArbitrationDomestic arbitration