Tag

Italian Supreme Court

26 items
Article art. 3 decree no. 168/2003

Arbitration and directors’ remuneration

✍️ by Roberto Oliva
📅 15/02/2016
The Supreme Court addressed the arbitrability of disputes between companies and directors concerning the directors’ remuneration (decision no. 2759 of 11 February 2016 of the...
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ArbitrabilityArbitration clause
Article art. 295 It. code civ. proc.

Relationship between arbitration and judicial proceedings

✍️ by Roberto Oliva
📅 31/01/2016
The relationship between arbitration and judicial proceedings was the topic of a ruling of the Italian Supreme Court (order no. 783 of 19 January 2016 of the III...
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Appeal before the Italian Supreme Court on ground of jurisdictionItalian Supreme Court
Article art. 20 decree no. 40/2006

Arbitrability of disputes

✍️ by Roberto Oliva
📅 27/01/2016
I find interesting a recent ruling of the Italian Supreme Court (order no. 1119 of 21 January 2016, VI Civil Chamber, Italian text available here),...
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ArbitrabilityArbitration clause
Article art. 24 decree no. 40/2006

Once again, on the review on the merits

✍️ by Roberto Oliva
📅 20/12/2015
This is the third time in row we deal with the issue of the review on the merits of an arbitration award, rendered pursuant to an...
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AppealArbitration clause
Article art. 806 It. code civ. proc.

Arbitration and embargo

✍️ by Roberto Oliva
📅 29/11/2015
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...
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ArbitrabilityArbitration 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...
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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...
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AppealArbitration clause
Article art. 633 It. code civ. proc.

Arbitration clause and payment order

✍️ by Roberto Oliva
📅 31/10/2015
It is quite usual that, when inserting an arbitration clause in an agreement, a party would like to preserve its right to file with the...
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Arbitration clauseArticles of association 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...
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Arbitration clauseClause