Tag

Articles of association

8 items
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)....
Article art. 2434/bis It. civil code

Arbitrability of corporate disputes

✍️ by Roberto Oliva
📅 08/01/2016
A recent ruling of the Court of first instance of Rome (decision no. 25936 of 30 December 2015, Italian text available here) brings up the...
Article art. 806 It. code civ. proc.

Arbitration and shareholders’ loan

✍️ by Roberto Oliva
📅 20/09/2015
If an arbitration clause is stipulated in the company’s Articles of association, disputes between a former shareholder and the company, concerning the repayment of a shareholders’...
✍️ 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...
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’...
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...
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...