Arbitration and order for payment

A recent decision issued by the Court of first instance of Rome (no. 24195 of 28 December 2016, Italian text available here) gives us the chance to examine an interesting topic: that concerning the relationship between arbitration and order for payment.

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Arbitration and interim relief

It is the first time I comment on a non-Italian decision: it is a decision delivered by the High Court of England and Wales (Gerald Metals SA v. The Trustees of the Timis Trust & others [2016] EWHC 2327 (Ch), available here).  The decision concerns the relationship between interim jurisdiction of State Courts and Arbitral Tribunals and it remembered me of the doctrine of Italian State Courts in the few cases Italian Arbitral Tribunals have such a jurisdiction (that is, in the case of corporate arbitration).

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Arbitration clause and payment order

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 Court a request for a payment order (which is an ex parte order). The purpose would be to attain a temporarily enforceable payment order, since it would be an effective and fast solution to protect its rights.

Nonetheless, the outcomes of such choice could be different from those expected. The VI Civil Chamber of the Supreme Court, in its order no. 21666 of 23 October 2015 (Italian text available here), analysed the possible consequences.

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