Making of the award

by Roberto Olivaart. 813/bis It. code civ. proc., art. 823 It. code civ. proc., art. 829 It. code civ. proc.Posted on 2 Comments

A recent decision of the Court of Appeal of Venice (decision no. 1855 of 17 August 2016, Italian text available here) deals with the topic of the making of the award in the case of “filibustering” arbitrators.

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Review of an award on the merits

by Roberto Olivaart. 829 It. code civ. proc., art. 24 decree no. 40/2006, art. 27 decree no. 40/2006Posted on No Comments

The Court of Appeal of Venice, in its decision no. 2722 of 30 November 2015 (Italian text available here), deals with the issue of the possible review on the merits of an arbitration award rendered in proceedings commenced after the entry into force of Legislative Decree no. 40 of 2 February 2006 pursuant to an arbitration clause stipulated prior to the reform.   Read more “Review of an award on the merits”

Preliminary agreement and arbitration clause

by Roberto Olivaart. 808/quater It. code civ. proc., art. 817 It. code civ. proc.Posted on No Comments

An arbitration clause stipulated in the preliminary agreement (that is, a kind of agreement to agree, which is enforceable under Italian law) was not included in the final agreement. In any case, the disputes concerning the later have to be referred to the Arbitral Tribunal. This was the ruling of the Court of Appeal of Venice (decision no. 2361 of 12 October 2015 of the I Civil Chamber of the Appeals Court of Venice, Italian text available here).

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