Tag

Domestic arbitration

54 items
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...
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...
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....
Article art. 808/ter It. code civ. proc.

Objection to State Court’s jurisdiction

✍️ by Roberto Oliva
📅 25/09/2019
A contract contains an arbitration clause whereby the parties’ disputes are referred to arbitration. Notwithstanding the said clause, a party sues the other party in...
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...
Article art. 34 decree no. 5/2003

New arbitration rules of Milan Chamber of Arbitration

✍️ by Roberto Oliva
📅 09/06/2019
The Milan Chamber of Arbitration published its new arbitration rules.  These new rules apply to arbitration proceedings commenced after 1st March 2019 unless the parties...
Article art. 829 It. code civ. proc.

Setting aside of arbitral awards

✍️ by Roberto Oliva
📅 30/01/2017
A recent decision delivered by the Court of Appeal of Brescia (decision no. 71 of 19 January 2017, Italian text available here) lets us briefly examine...
Article art. 827 It. code civ. proc.

Setting aside of a partial award

✍️ by Roberto Oliva
📅 21/11/2016
If the Arbitral Tribunal issued a partial award on jurisdiction, should the parties immediately request its setting aside or may they await the issuance of...
Article art. 808/bis It. code civ. proc.

Arbitration and tort claims

✍️ by Roberto Oliva
📅 29/10/2016
Italian Arbitration Law, as amended in 2006, expressly provides for the parties to enter into an arbitration clause concerning their possible tort disputes.  Indeed, Article...
Article art. 2379 It. civil code

Corporate disputes

✍️ by Roberto Oliva
📅 10/09/2016
Corporate disputes are capable of arbitration, under Italian law, if they concern negotiable rights (Art. 34(1) of Legislative Decree no. 5 of 17 January 2003)....