Tag

Domestic arbitration

54 items
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...
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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...
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ArbitrationArbitration clause
Article art. 806 It. code civ. proc.

A proposal for Italian arbitration

✍️ by Roberto Oliva
📅 21/09/2020
In order to access the Recovery Fund, EU member States are required to draft a “National Recovery and Resilience Plan”, consistent with the specific recommendations...
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ArbitrationDomestic arbitration
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...
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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...
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Arbitration clauseClause
Article art. 829 It. code civ. proc.

Arbitration in the time of CoViD-19

✍️ by Roberto Oliva
📅 08/05/2020
CoViD-19 pandemic also has an impact on arbitration proceedings. The relevant issues were addressed by Italian lawmaker, that enacted provisions which require careful thought for...
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Arbitrationcovid
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...
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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...
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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...
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ArbitrationArbitration 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...
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ArbitrationArbitration clause