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...
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944 result(s) found for "procédure"
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....
Supreme Court, 29 September 2015, n. 19311
ordinanza
When the parts not they have the application in the procedure arbitration of the respect of the forms of the judgment ordinary, the question of the lesion of the contradictory...
Supreme Court, 25 September 2015, n. 19075
ordinanza
Speaking to referees the power of check the regularity of the their investiture ad opera of the contractors, the sentence declarative of the unproponibility of the question, per being the...
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...
Arbitrators’ fees
In its decision no. 17956 of 11 September 2015, the Supreme Court applied for the first time Article 816/septies of the...
Supreme Court, 11 September 2015, n. 17956
ordinanza
The forecast of art. 816-septies code proc. Civ. Not appears refusal a a mere request of the referees themselves, being necessary - as well highlights the term "subordinate" used o...
CAM’s guidelines for Tribunal-appointed experts
The Chamber of Arbitration of Milan has recently issued its guidelines for Tribunal-appointed experts in arbitration proceedings administered by the...
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,...