Challenges to awards

by Roberto Olivaart. 829 It. code civ. proc.Posted on No Comments

The Court of Appeal of Milan issued a very interesting decision in proceedings aimed at setting aside an ICC award (decision No. 3123 of 12 July 2019, Italian text available here).

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Arbitration and embargo

by Roberto Olivaart. 806 It. code civ. proc.Posted on No Comments

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 sovereign State (a State under embargo), with respect to an arbitration clause stipulated in an agreement previously entered into with the embargoed State.

The Italian full text of decision no. 23893 of the Supreme Court sitting en banc of 24 November 2015 is available here.

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Once again, on arbitration and insolvency

by Roberto Olivaart. 806 It. code civ. proc., art. 808 It. code civ. proc., EC Regulation no. 1346/2000, EU Regulation no. 848/2015Posted on No Comments

Two recent rulings of the Italian Supreme Court analysed the relationship between arbitration and insolvency proceedings.

The first ruling (decision no. 13089 of 24 June 2015 of the of the I Civil Chamber of the Supreme Court, Italian text available here) established that “claims against a bankrupt party may not be brought before an Arbitral Tribunal.  Indeed, the jurisdiction of the arbitrators is in any case prevented due to the prevailing jurisdiction of the Insolvency Courts on such claims.” 

The second ruling is more interesting (decision no. 15200 of 21 July 2015 of the Supreme Court sitting en banc, Italian text available here). This judgment focused on the issue of the relationship between arbitration and insolvency when an arbitration procedure is pending abroad and therefore EC Regulation no. 1346 of 29 May 1999 concerning insolvency proceedings applies.

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International Court of Arbitration

by Roberto OlivaWithout categoryPosted on No Comments

The World Council of the International Chamber of Commerce appointed the members of the International Court of Arbitration for the term July 2015-June 2018.

Italy will continue to be represented by Prof. Luigi Fumagalli, and Cecilia Carrara was appointed as an alternative member.

Maria Elena, a co-author of this blog, talked to Italia Oggi. Her interview was published on 13 July 2015. If you missed it, you can find it here.