Tag

Articles of association clause

30 items
Article art. 24 decree no. 40/2006

Once again, on the review on the merits

✍️ by Roberto Oliva
📅 20/12/2015
This is the third time in row we deal with the issue of the review on the merits of an arbitration award, rendered pursuant to an...
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AppealArbitration clause
Article art. 633 It. code civ. proc.

Arbitration clause and payment order

✍️ by Roberto Oliva
📅 31/10/2015
It is quite usual that, when inserting an arbitration clause in an agreement, a party would like to preserve its right to file with the...
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Arbitration clauseArticles of association clause
Article art. 2287 It. civil code

Arbitration and statute of limitations

✍️ by Roberto Oliva
📅 12/10/2015
The First Civil Chamber of the Supreme Court requested the First President of the Court to transfer to the Supreme Court sitting en banc a case...
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Arbitration clauseArticles of association clause
Article art. 633 It. code civ. proc.

Waiver of the right to arbitrate

✍️ by Roberto Oliva
📅 07/10/2015
The Court of first instance of Rome (decision no. 19215 of 28 September 2015, Italian text available here) ruled in a complex case concerning the...
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ArbitrabilityArbitration clause
Article art. 34 decree no. 5/2003

Once again, on arbitration and companies financial statements

✍️ by Roberto Oliva
📅 18/09/2015
The Supreme Court confirmed the non arbitrability of disputes concerning the challenge of company’s resolutions approving the financial statements (order no. 17950 of 10 September 2015 of the...
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ArbitrabilityArbitration clause
Article art. 2426 It. civil code

Challenge of shareholders’ resolutions

✍️ by Roberto Oliva
📅 16/09/2015
Order no. 17283 of 28 August 2015 of the Italian Supreme Court affirmed the jurisdiction of an Arbitral Tribunal on the challenge of certain shareholders’...
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Arbitration clauseArticles of association
Article art. 34 decree no. 5/2003

Arbitration and companies financial statements

✍️ by Roberto Oliva
📅 02/08/2015
The Court of first instance of Milan went back to analyse the relationship between Courts’ jurisdiction and the jurisdiction of Arbitral Tribunals, with respect to the challenge of...
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Arbitration clauseArticles of association
Article art. 806 It. code civ. proc.

Construction of arbitration clause

✍️ by Roberto Oliva
📅 31/07/2015
The wording of the arbitration clause should be carefully selected, as it constitutes the basis of the jurisdiction of the Arbitral Tribunal.  A possible wrong wording...
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Articles of associationArticles of association clause