Once again, on arbitration and insolvency
Two recent rulings of the Italian Supreme Court analysed the relationship between arbitration and insolvency proceedings. The first ruling (decision no....
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627 result(s) found for "jurisdiction"
Construction of the arbitration clause contained in the Articles of association
In its decision no. 10610 of 22 September 2015, the Court of first instance of Milan declared its lack of jurisdiction on...
Arbitration and shareholders’ loan
If an arbitration clause is stipulated in the company’s Articles of association, disputes between a former shareholder and the company, concerning...
Challenge of shareholders’ resolutions
Order no. 17283 of 28 August 2015 of the Italian Supreme Court affirmed the jurisdiction of an Arbitral Tribunal on...
Arbitration and companies financial statements
The Court of first instance of Milan went back to analyse the relationship between Courts’ jurisdiction and the jurisdiction of Arbitral Tribunals,...
Construction of arbitration clause
The wording of the arbitration clause should be carefully selected, as it constitutes the basis of the jurisdiction of the Arbitral...
Arbitration and insolvency
In insolvency matters, Italian law does not favour arbitration. On the one hand, the vis attractiva concorsus principle pursuant to article...