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Arbitration in a nutshell

This blog is inter alia aimed at spreading and improving the knowledge of arbitration in Italy, hoping that this increased knowledge would also increase its actual use.

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Stare decisis?

Italian legal system is a civil law system: as a consequence, stare decisis doctrine does not apply in Italy.

However, it is well known that civil and common law systems have become closer to each other during the last decades.  On the one hand, from the point of view of common law systems, due to the increasing body of statutory law; on the other hand, from the point of view of civil law systems, because of the increasingly important role played by jurisprudential precedents (on this topic, see the interesting book edited by MacCormick and Summers, Interpreting precedents: a comparative study, also containing papers by the Italian learned scholar Michele Taruffo).

In this perspective, it is worth reading a recent decision of the Italian Supreme Court (Third Civil Chamber, decision No. 24649 of 3 October 2019, Italian text available here). Despite this decision does not concern arbitration matters, I found it very interesting and for this reason, I would like to briefly comment it.

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Distinguishing Achmea

Two ICSID Arbitral Tribunals, on the basis of similar reasons, reached the same conclusion: Achmea decision (available here) does not affect their jurisdiction.

In a nutshell, this is the principle laid down in 9Ren v. Spain (final award of 31 May 2019 available here) and in Rockhopper v. Italy (partial award of 26 June 2019 available here).

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Dispute Review Board in Italian Public Procurement

The so-called “Decree Unblock-Construction” (“Decreto Sblocca-Cantieri”) (decree No. 32 of 18 April 2019, converted into law No. 55 of 14 June 2019) reintroduced, in the Italian system of public procurement, the advisory technical committee (“Comitato Consultivo Tecnico”), already provided for by Article 207 of legislative decree No. 50 of 18 April 2016 (repealed by legislative decree No. 56 of 19 April 2017).

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Pledge for greener arbitrations

Lucy Greenwood, a collegue from the UK, is promoting the idea of a Pledge for Greener Arbitrations.

I think that this is a good idea and therefore I decided to share the link to take the pledge. Continue reading “Pledge for greener arbitrations”

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International Court of Arbitration

The World Council of the International Chamber of Commerce appointed the members of the International Court of Arbitration for the term July 2015-June 2018.

Italy will continue to be represented by Prof. Luigi Fumagalli, and Cecilia Carrara was appointed as an alternative member.

Maria Elena, a co-author of this blog, talked to Italia Oggi. Her interview was published on 13 July 2015. If you missed it, you can find it here.

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