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Clause

43 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. 24 decree no. 40/2006

Review of an award on the merits

✍️ by Roberto Oliva
📅 17/12/2015
The Court of Appeal of Venice, in its decision no. 2722 of 30 November 2015 (Italian text available here), deals with the issue of the possible review on the...
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AppealArbitration clause
Article art. 806 It. code civ. proc.

Arbitration and embargo

✍️ by Roberto Oliva
📅 29/11/2015
The Supreme Court recently ruled on an interesting matter. The case dealt with the consequences of the prohibition to undertake or continue economic transactions with a...
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ArbitrabilityArbitration clause
Article art. 806 It. code civ. proc.

Optional arbitration

✍️ by Roberto Oliva
📅 16/11/2015
An arbitration clause stipulates that all the disputes arising out of the agreement may be referred to an Arbitral Tribunal. Is that an optional arbitration, in the...
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AppealAppeal before the Italian Supreme Court on ground of jurisdiction
Article art. 24 decree no. 40/2006

Grounds for setting aside

✍️ by Roberto Oliva
📅 09/11/2015
Decision no. 22007 of the I Civil Chamber of the Supreme Court (Italian text available here) deals with the issue of the grounds for setting aside an arbitration...
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AppealArbitration clause
Article art. 808/quater It. code civ. proc.

Preliminary agreement and arbitration clause

✍️ by Roberto Oliva
📅 04/11/2015
An arbitration clause stipulated in the preliminary agreement (that is, a kind of agreement to agree, which is enforceable under Italian law) was not included...
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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. 806 It. code civ. proc.

The case of the additional preposition

✍️ by Roberto Oliva
📅 16/10/2015
A recent judgment of the Supreme Court (decision no. 18707 of 22 September 2015, Italian text available here) dealt with a very peculiar case. A party objected...
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Arbitration clauseClause
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