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Results for: "tribunal"

278 result(s) found for "tribunal"

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...

Bankruptcy receiver’s claims

A recent decision issued by the Italian Supreme Court (Italian Supreme Court, I Civil Chamber, decision No. 24444 of 30...

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...

Iura novit Arbiter

A recent decision issued by the Court of Appeal of Genoa (decision No. 1215 of 27 August 2019, Italian text...

Arbitration and non-contractual claims

In the previous post, I examined a decision, regarding arbitration and contractual restitutions, that in my opinion is not correct....

Challenges to awards

The Court of Appeal of Milan issued a very interesting decision in proceedings aimed at setting aside an ICC award...

Distinguishing Achmea

Two ICSID Arbitral Tribunals, on the basis of similar reasons, reached the same conclusion: Achmea decision (available here) does not...

Review on the merits

A recent decision issued by Italian Supreme Court (No. 17159 of 26 June 2019, Italian text available here) gives me...