Joinder and arbitration
In certain cases, Italian law requires the joinder of certain parties to the proceedings. For instance, as a general rule,...
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Results for: "procedura"
337 result(s) found for "procedura"
Court of Appeal of Lecce, 24 October 2019, n. 1170
sentenza
In theme of arbitration relative ad contract of works public, if the parts have fact reference ad one legislative regulation, the content of the same it is transposed in the...
“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...
Court of Appeal of Brescia, 10 October 2019, n. 1483
sentenza
When the parts not have determined, in the compromise or in the clause compromise, the rules procedural from adopt, the referees are free by regular the articulation of the procedure...
Court of Appeal of Brescia, 10 October 2019, n. 1474
sentenza
The clause compromise not can consider nor a a pact of the contract preliminary of sale nor one element such contract: is, instead, a contracttt o autonomous ad effects procedural,...
Stare decisis?
Italian legal system is a civil law system: as a consequence, stare decisis doctrine does not apply in Italy. However,...
Supreme Court, 31 July 2019, n. 20650
ordinanza
In consideration of the nature jurisdiction of the arbitration and of the its function replacement of the jurisdiction ordinary, the exception compromise has character procedural and integral a question competence,...
Court of Catania, 5 July 2019, n. 2911
sentenza
The clause compromise is a contract a effects procedural, autonomous and distinct from the ratio negotiation to which is it is connected: therefore, no event which invests the latter (included...
Review on the merits
A recent decision issued by Italian Supreme Court (No. 17159 of 26 June 2019, Italian text available here) gives me...