Domestic arbitration Archivi - Page 5 of 6

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...

AppealArbitration 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...

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...

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...

AppealArbitration 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...

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...

Arbitration clauseArticles of association clause

Article art. 633 It. code civ. proc.

Waiver of the right to arbitrate

✍️ by Roberto Oliva

📅 07/10/2015

The Court of first instance of Rome (decision no. 19215 of 28 September 2015, Italian text available here) ruled in a complex case concerning the...

ArbitrabilityArbitration clause

Article art. 806 It. code civ. proc.

Arbitration and shareholders’ loan

✍️ by Roberto Oliva

📅 20/09/2015

If an arbitration clause is stipulated in the company’s Articles of association, disputes between a former shareholder and the company, concerning the repayment of a shareholders’...

Arbitration clauseArticles of association

Article art. 34 decree no. 5/2003

Once again, on arbitration and companies financial statements

✍️ by Roberto Oliva

📅 18/09/2015

The Supreme Court confirmed the non arbitrability of disputes concerning the challenge of company’s resolutions approving the financial statements (order no. 17950 of 10 September 2015 of the...

ArbitrabilityArbitration clause

Article art. 816/septies It. code civ. proc.

Arbitrators’ fees

✍️ by Roberto Oliva

📅 17/09/2015

In its decision no. 17956 of 11 September 2015, the Supreme Court applied for the first time Article 816/septies of the Italian Code of Civil Procedure...

AppealArbitration clause