Article art. 806 It. code civ. proc.

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...

ArbitrabilityArbitration clause

Article art. 42 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...

Appeal before the Italian Supreme Court on ground of jurisdictionItalian Supreme Court

Article art. 806 It. code civ. proc.

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),...

ArbitrabilityArbitration clause

Article art. 829 It. code civ. proc.

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...

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...

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...

AppealAppeal before the Italian Supreme Court on ground of jurisdiction

Article art. 808 It. code civ. proc.

Corporate arbitration: the twin-track approach is wrong

✍️ by Roberto Oliva

📅 12/11/2015

Decision no. 22008 of 28 October 2015 of the I Civil Chamber of the Supreme Court (Italian text available here) followed the line of cases opposing the...

AppealArbitration clause

Article art. 829 It. code civ. proc.

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. 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...

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...

Arbitration clauseClause