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Arbitration clause

56 items
Article art. 832 It. code civ. proc.

CAM simplified arbitration

✍️ by Roberto Oliva
📅 06/07/2020
The Arbitration Rules of Milan Arbitration Chamber, which came into force a year ago (as discussed here), has recently been integrated.  The new provisions, applying...
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Arbitration clauseClause
Article art. 808/bis It. code civ. proc.

Arbitration and tort claims

✍️ by Roberto Oliva
📅 27/02/2020
A recent decision issued by the Court of Milan (No. 1684 of 24 February 2020, Italian text available here) concerns a very interesting topic, that...
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ArbitrationArbitration clause
Article art. 808/quater It. code civ. proc.

Liquidated damages, termination and arbitration

✍️ by Roberto Oliva
📅 04/02/2020
Arbitrability of disputes arising out of the termination of a contract: in my opinion, this is a very interesting topic, both for its theoretical and...
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ArbitrationArbitration clause
Article art. 808/bis It. code civ. proc.

Pre-contractual liability and arbitration

✍️ by Roberto Oliva
📅 09/01/2020
Pre-contractual liability, under Italian law, is a form of tort liability.  In a nutshell (and with some degree of approximation), it concerns cases similar to...
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ArbitrationArbitration clause
Article art. 34 decree no. 5/2003

Counterclaims and objection to Court’s jurisdiction

✍️ by Roberto Oliva
📅 25/11/2019
The Court of first instance of Milan issued an interesting decision addressing the relationship between counterclaims and objection to the Court’s jurisdiction raised by the...
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ArbitrationArbitration clause
Article art. 34 decree no. 5/2003

“Irrituale” arbitration in corporate matters

✍️ by Roberto Oliva
📅 24/10/2019
The Court of first instance of Salerno recently heard a complex corporate case and its decision (No. 3296 of 21 October 2019, Italian text available...
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AppealArbitration clause
Article art. 808 It. code civ. proc.

Separability of the arbitration clause

✍️ by Roberto Oliva
📅 17/10/2019
The arbitration clause, in Italian jurisdiction as well as in a number of other jurisdictions, does not constitute an ancillary clause of the underlying contract....
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AppealArbitration clause
Article art. 150 It. bankruptcy law

Bankruptcy receiver’s claims

✍️ by Roberto Oliva
📅 02/10/2019
A recent decision issued by the Italian Supreme Court (Italian Supreme Court, I Civil Chamber, decision No. 24444 of 30 September 2019, Italian text available...
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ArbitrationArbitration clause
Article art. 808/bis It. code civ. proc.

Arbitration and non-contractual claims

✍️ by Roberto Oliva
📅 05/09/2019
In the previous post, I examined a decision, regarding arbitration and contractual restitutions, that in my opinion is not correct. On the basis of theoretical...
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ArbitrationArbitration clause
Article art. 808/bis It. code civ. proc.

Contractual restitutions and arbitration

✍️ by Roberto Oliva
📅 26/08/2019
A recent decision issued by the Court of first instance of Milan (decision No. 7884 of 22 August 2019, Italian text available here) concerns the...
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Arbitration clauseClause