Separability presumption
Separability presumption is universally applied, as the relevant doctrine spread all over the world during the first half of XX...
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Results for: "arbitral award"
347 result(s) found for "arbitral award"
Court of Appeal of Milan, 4 June 2025, N. 1586
sentenza
Challenge of an award under Article 829 of the Code of Civil Procedure is admitted solely to assert errors in law (errores in iudicando) and procedural errors (errores in procedendo),...
A proposal for Italian arbitration
In order to access the Recovery Fund, EU member States are required to draft a “National Recovery and Resilience Plan”,...
A never signed arbitration clause
An Arbitral Tribunal seated in Padua recently dealt with some issues concerning its jurisdiction. The award was delivered on 21...
International corporate arbitration
International corporate arbitration under Italian law is a very interesting topic that nonetheless is virtually neglected by Italian scholars. Besides,...
CAM simplified arbitration
The Arbitration Rules of Milan Arbitration Chamber, which came into force a year ago (as discussed here), has recently been...
Joinder and arbitration
In certain cases, Italian law requires the joinder of certain parties to the proceedings. For instance, as a general rule,...
“Irrituale” arbitration in corporate matters
The Court of first instance of Salerno recently heard a complex corporate case and its decision (No. 3296 of 21...
Separability of the arbitration clause
The arbitration clause, in Italian jurisdiction as well as in a number of other jurisdictions, does not constitute an ancillary...
Objection to State Court’s jurisdiction
A contract contains an arbitration clause whereby the parties’ disputes are referred to arbitration. Notwithstanding the said clause, a party...