Arbitration clause Archivi - Page 3 of 6

Article art. 1341 It. civil code

Arbitration clause and general terms and conditions

✍️ by Roberto Oliva

📅 31/07/2019

A recent decision issued by the Italian Supreme Court (decision No. 20078 of 24 July 2019, Italian text available here) addresses the issue of the...

Arbitration clauseItalian Supreme Court

Article art. 829 It. code civ. proc.

Assignment of credit and arbitration clause

✍️ by Roberto Oliva

📅 23/06/2019

The Italian Supreme Court has recently upheld its doctrine on the circulation of the arbitration clause in case of credit assignment (Italian Supreme Court, First...

AppealArbitration clause

Article art. 2479/ter It. civil code

Corporate arbitration: the doctrine is (finally) right, its application is wrong

✍️ by Roberto Oliva

📅 16/06/2019

Corporate arbitration is a major topic for Italian arbitration practitioners. The Italian Supreme Court developed a doctrine and laid down principles not entirely right. Some...

Arbitration clauseArticles of association clause

Article art. 829 It. code civ. proc.

Wording of the arbitration clause and setting aside of the award

✍️ by Roberto Oliva

📅 14/06/2019

The wording of the arbitration clause is of utmost importance: this is a subject I have already dealt with (for instance in this post). A...

AppealArbitration

Article art. 34 decree no. 5/2003

Scope of corporate arbitration clauses

✍️ by Roberto Oliva

📅 07/06/2019

A recent decision issued by the Court of Cosenza (no. 1171 of 4 June 2019, Italian text available here) addresses the topic of the scope...

ArbitrationArbitration clause

Article art. 146 It. bankruptcy law

Corporate arbitration and insolvency proceedings

✍️ by Roberto Oliva

📅 29/05/2019

After a year-long pause, a new article is available on Arbitration in Italy! It concerns a matter already analysed in the past: the relationship between...

Arbitration clauseArticles of association clause

Article art. 34 decree no. 5/2003

Arbitrability of corporate disputes

✍️ by Roberto Oliva

📅 02/10/2016

A recent decision of the Court of Appeal of Catanzaro (no. 1478 of 22 September 2016, Italian text available here) sums up the current doctrine of arbitrability...

AppealArbitration clause

Article art. 2379 It. civil code

Corporate disputes

✍️ by Roberto Oliva

📅 10/09/2016

Corporate disputes are capable of arbitration, under Italian law, if they concern negotiable rights (Art. 34(1) of Legislative Decree no. 5 of 17 January 2003)....

ArbitrabilityArbitration clause

Article art. 35 decree no. 5/2003

Corporate arbitration and interim measures

✍️ by Roberto Oliva

📅 24/07/2016

A recent decision of the Court of first instance of Catania (decision no. 4041 of 19 July 2016, Italian text available here) focused on the...

Arbitration clauseArticles of association clause

Article art. 808 It. code civ. proc.

Assignment of the arbitration agreement

✍️ by Roberto Oliva

📅 10/07/2016

Italian Courts set forth peculiar rules concerning the assignment of the arbitration agreement in case of assignment of credit. In this respect, a recent decision issued by the...

Arbitration clauseClause