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Arbitration clause

56 items
Article art. 806 It. code civ. proc.

Breach to the arbitral agreement

✍️ by Roberto Oliva
📅 28/06/2023
Commercial arbitration practitioners sometimes face problems arising from the conduct of a party that, recalcitrant to see the dispute decided by the arbitrators as agreed,...
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Arbitration clauseClause
Article art. 819/ter It. code civ. proc.

Parallel paths

✍️ by Roberto Oliva
📅 10/08/2022
As far as the relationship between arbitration and Court proceedings is concerned, Italian law applies the s.c. parallel paths doctrine. This doctrine is laid down...
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Arbitration clauseCorporate arbitration
Article art. 806 It. code civ. proc.

Court’s costs and fees

✍️ by Roberto Oliva
📅 28/07/2022
The Court of Appeal of Milan and the Court of first instance of Milan recently issued two decisions on the issue of Court’s and attorney’s...
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ArbitrationArbitration clause
Article art. 34 decree no. 5/2003

Extended effects or separability doctrine?

✍️ by Roberto Oliva
📅 25/02/2021
Two virtually simultaneous decisions, issued by two different lower Courts, reached opposite conclusions (Court of Catania, decision No. 1020 of 13 March 2020, Italian text...
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Arbitration clauseArticles of association clause
Article art. 34 decree no. 5/2003

Arbitration and consortia

✍️ by Riccardo Robuschi
📅 10/02/2021
The recent publication of two decisions issued by different national courts of first instance (Court of Civitavecchia, decision No. 2 of 7 January 2021, Italian...
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Arbitration clauseArticles of association clause
Article art. 806 It. code civ. proc.

Arbitration and choice of forum clauses

✍️ by Luca Giusquiami
📅 30/12/2020
The Court of first instance of Milan addressed in its decision No. 7692 of 26 November 2020 (Italian text available here) the issue arising out...
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Arbitration clauseClause
Article art. 34 decree no. 5/2003

Corporate arbitration

✍️ by Roberto Oliva
📅 09/11/2020
Italian law provisions on corporate arbitration (enacted by legislative decree no. 5 of 17 January 2003) entails a number of interpretative issues, possibly the reason...
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ArbitrationArbitration clause
Article art. 34 decree no. 5/2003

Separability presumption

✍️ by Roberto Oliva
📅 29/09/2020
Separability presumption is universally applied, as the relevant doctrine spread all over the world during the first half of XX century. In the words of...
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ArbitrationArbitration clause
Article art. 817 It. code civ. proc.

A never signed arbitration clause

✍️ by Roberto Oliva
📅 11/09/2020
An Arbitral Tribunal seated in Padua recently dealt with some issues concerning its jurisdiction. The award was delivered on 21 January 2020 and its Italian...
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Arbitration clauseClause
Article art. 34 decree no. 5/2003

International corporate arbitration

✍️ by Roberto Oliva
📅 07/09/2020
International corporate arbitration under Italian law is a very interesting topic that nonetheless is virtually neglected by Italian scholars. Besides, to date there are no...
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Arbitration clauseArticles of association clause