Preliminary agreement and arbitration clause

by Roberto Olivaart. 808/quater It. code civ. proc., art. 817 It. code civ. proc.Posted on No Comments

An arbitration clause stipulated in the preliminary agreement (that is, a kind of agreement to agree, which is enforceable under Italian law) was not included in the final agreement. In any case, the disputes concerning the later have to be referred to the Arbitral Tribunal. This was the rulingĀ of the Court of Appeal of Venice (decisionĀ no. 2361 of 12 October 2015 of the I Civil Chamber of the Appeals Court of Venice, Italian text available here).

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Arbitrators’ fees

by Roberto Olivaart. 816/septies It. code civ. proc.Posted on No Comments

In its decision no. 17956 of 11 September 2015, the Supreme Court appliedĀ for the first time Article 816/septies of the Italian Code of Civil Procedure concerning the arbitrators’ fees. In this decision, the Court examined the scope and conditions of application of the above mentioned provision. The Italian full text of theĀ decision is available here.

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