Arbitration clause and payment order
It is quite usual that, when inserting an arbitration clause in an agreement, a party would like to preserve its...
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Supreme Court, 28 October 2015, n. 22039
ordinanza
In case of doubt in order to interpretation e at the flow rate of the clause compromise, si must prefer an interpretation restrictive, that valga ad affirm the jurisdiction state....
The case of the additional preposition
A recent judgment of the Supreme Court (decision no. 18707 of 22 September 2015, Italian text available here) dealt with...
Arbitration and statute of limitations
The First Civil Chamber of the Supreme Court requested the First President of the Court to transfer to the Supreme Court...
Waiver of the right to arbitrate
The Court of first instance of Rome (decision no. 19215 of 28 September 2015, Italian text available here) ruled in...
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....
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,...