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)....
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ArbitrabilityArbitration clause
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...
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ArbitrabilityArbitration clause
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’...
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Arbitration clauseArticles of association
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