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Italian Supreme Court

26 items
Article art. 829 It. code civ. proc.

Default arbitration proceedings

✍️ by Roberto Oliva
📅 01/10/2021
Default arbitration proceedings, or – with a more accurate wording – arbitration proceedings in which a situation occurs corresponding to the situation giving rise to...
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AppealAppeal
Article Without category

Stare decisis?

✍️ by Roberto Oliva
📅 08/10/2019
Italian legal system is a civil law system: as a consequence, stare decisis doctrine does not apply in Italy. However, it is well known that...
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Italian Supreme Court
Article art. 150 It. bankruptcy law

Bankruptcy receiver’s claims

✍️ by Roberto Oliva
📅 02/10/2019
A recent decision issued by the Italian Supreme Court (Italian Supreme Court, I Civil Chamber, decision No. 24444 of 30 September 2019, Italian text available...
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ArbitrationArbitration clause
Article art. 1341 It. civil code

Arbitration clause and general terms and conditions

✍️ by Roberto Oliva
📅 31/07/2019
A recent decision issued by the Italian Supreme Court (decision No. 20078 of 24 July 2019, Italian text available here) addresses the issue of the...
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Arbitration clauseItalian Supreme Court
Article art. 829 It. code civ. proc.

Review on the merits

✍️ by Roberto Oliva
📅 30/06/2019
A recent decision issued by Italian Supreme Court (No. 17159 of 26 June 2019, Italian text available here) gives me the chance to make brief...
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AppealItalian Supreme Court
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...
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AppealArbitration clause
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...
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ArbitrationDomestic arbitration
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...
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ArbitrationDomestic arbitration
Article art. 27 decree no. 40/2006

Review on the merits

✍️ by Roberto Oliva
📅 15/05/2016
The Supreme Court sitting en banc unified the case law on the issue of the review on the merits of an award, rendered pursuant to...
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AppealItalian Supreme Court