Corporate arbitration Archivi - Arbitration in Italy

Article art. 34 decree no. 5/2003

Challenge to the shareholders’ meeting resolution and arbitrability

✍️ by Stefano Fermi

📅 23/11/2022

The Court of Milan reaffirms, in a recent decision (No. 8411 of 26 October 2022, Italian text available here), the broad applicability of the arbitration...

Corporate arbitration

Article art. 819/ter It. code civ. proc.

Parallel paths

✍️ by Roberto Oliva

📅 10/08/2022

As far as the relationship between arbitration and Court proceedings is concerned, Italian law applies the s.c. parallel paths doctrine. This doctrine is laid down...

Arbitration clauseCorporate arbitration

Article art. 34 decree no. 5/2003

Extended effects or separability doctrine?

✍️ by Roberto Oliva

📅 25/02/2021

Two virtually simultaneous decisions, issued by two different lower Courts, reached opposite conclusions (Court of Catania, decision No. 1020 of 13 March 2020, Italian text...

Arbitration clauseArticles of association clause

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 in Italy’s 2020

✍️ by Roberto Oliva

📅 31/12/2020

Mountains of papers have been written, countless rhetorical statements and a handful of enlightening and careful considerations were spent to describe 2020 and how tragic...

Corporate arbitrationDomestic arbitration

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. 34 decree no. 5/2003

International corporate arbitration

✍️ by Roberto Oliva

📅 07/09/2020

International corporate arbitration under Italian law is a very interesting topic that nonetheless is virtually neglected by Italian scholars. Besides, to date there are no...

Arbitration clauseArticles of association clause

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...

ArbitrationArbitration clause

Article art. 829 It. code civ. proc.

Joinder and arbitration

✍️ by Roberto Oliva

📅 11/11/2019

In certain cases, Italian law requires the joinder of certain parties to the proceedings. For instance, as a general rule, the action aimed at setting...

AppealArbitration