Clause Archivi - Arbitration in Italy

Article art. 806 It. code civ. proc.

Breach to the arbitral agreement

✍️ by Roberto Oliva

📅 28/06/2023

Commercial arbitration practitioners sometimes face problems arising from the conduct of a party that, recalcitrant to see the dispute decided by the arbitrators as agreed,...

Arbitration clauseClause

Article art. 34 decree no. 5/2003

Arbitration and consortia

✍️ by Riccardo Robuschi

📅 10/02/2021

The recent publication of two decisions issued by different national courts of first instance (Court of Civitavecchia, decision No. 2 of 7 January 2021, Italian...

Arbitration clauseArticles of association clause

Article art. 806 It. code civ. proc.

Arbitration and choice of forum clauses

✍️ by Luca Giusquiami

📅 30/12/2020

The Court of first instance of Milan addressed in its decision No. 7692 of 26 November 2020 (Italian text available here) the issue arising out...

Arbitration clauseClause

Article art. 34 decree no. 5/2003

Corporate arbitration

✍️ by Roberto Oliva

📅 09/11/2020

Italian law provisions on corporate arbitration (enacted by legislative decree no. 5 of 17 January 2003) entails a number of interpretative issues, possibly the reason...

ArbitrationArbitration clause

Article art. 34 decree no. 5/2003

Separability presumption

✍️ by Roberto Oliva

📅 29/09/2020

Separability presumption is universally applied, as the relevant doctrine spread all over the world during the first half of XX century. In the words of...

ArbitrationArbitration clause

Article art. 817 It. code civ. proc.

A never signed arbitration clause

✍️ by Roberto Oliva

📅 11/09/2020

An Arbitral Tribunal seated in Padua recently dealt with some issues concerning its jurisdiction. The award was delivered on 21 January 2020 and its Italian...

Arbitration clauseClause

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...

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...

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...

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...

ArbitrationArbitration clause