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43 items
Article art. 34 decree no. 5/2003

Counterclaims and objection to Court’s jurisdiction

✍️ by Roberto Oliva
📅 25/11/2019
The Court of first instance of Milan issued an interesting decision addressing the relationship between counterclaims and objection to the Court’s jurisdiction raised by the...
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ArbitrationArbitration clause
Article art. 34 decree no. 5/2003

“Irrituale” arbitration in corporate matters

✍️ by Roberto Oliva
📅 24/10/2019
The Court of first instance of Salerno recently heard a complex corporate case and its decision (No. 3296 of 21 October 2019, Italian text available...
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AppealArbitration clause
Article art. 808 It. code civ. proc.

Separability of the arbitration clause

✍️ by Roberto Oliva
📅 17/10/2019
The arbitration clause, in Italian jurisdiction as well as in a number of other jurisdictions, does not constitute an ancillary clause of the underlying contract....
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AppealArbitration clause
Article art. 150 It. bankruptcy law

Bankruptcy receiver’s claims

✍️ by Roberto Oliva
📅 02/10/2019
A recent decision issued by the Italian Supreme Court (Italian Supreme Court, I Civil Chamber, decision No. 24444 of 30 September 2019, Italian text available...
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ArbitrationArbitration clause
Article art. 808/bis It. code civ. proc.

Arbitration and non-contractual claims

✍️ by Roberto Oliva
📅 05/09/2019
In the previous post, I examined a decision, regarding arbitration and contractual restitutions, that in my opinion is not correct. On the basis of theoretical...
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ArbitrationArbitration clause
Article art. 808/bis It. code civ. proc.

Contractual restitutions and arbitration

✍️ by Roberto Oliva
📅 26/08/2019
A recent decision issued by the Court of first instance of Milan (decision No. 7884 of 22 August 2019, Italian text available here) concerns the...
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Arbitration clauseClause
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...
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AppealArbitration clause
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...
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ArbitrationArbitration 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...
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AppealArbitration clause