Roberto Oliva, Author in Arbitration in Italy

art. 806 It. code civ. proc. 26/02/2025

Still on parallel paths

An arbitration clause in a company’s articles of association allows disputes between shareholders and companies to be referred to arbitration....

Court of Milan

art. 818 It. code civ. proc. 15/01/2025

Interim measures and arbitration in Italy after the 2022 reform: initial considerations in light of Article 818 of the Italian Code of Civil Procedure

The civil procedure reform introduced by Legislative Decree No. 149 of 10 October 2022, in force since 28 February 2023,...

Court of MilanMilan chamber of arbitration

art. 806 It. code civ. proc. 28/06/2023

Breach to the arbitral agreement

Commercial arbitration practitioners sometimes face problems arising from the conduct of a party that, recalcitrant to see the dispute decided...

Arbitration clauseClause

art. 806 It. code civ. proc. 16/05/2023

Some thoughts on the reform of Italian arbitration law

Much has been written, and much will still be written, about the recent reform of Italian arbitration law. The undeniable...

ArbitrationDomestic arbitration

art. 818 It. code civ. proc. 02/03/2023

Arbitration law reform and new CAM rules

1 March 2023 represents an important date for Italian arbitration practitioners. The Italian Code of Civil Procedure reform enters into...

ArbitrationInstitutional arbitration

art. 806 It. code civ. proc. 31/12/2022

Italian arbitration in 2022

2022 has been an exciting year for Italian arbitration practitioners. First, in 2022 was enacted the reform of Italian arbitration...

art. 806 It. code civ. proc. 11/11/2022

Sanctions and arbitrability

The sanctions adopted against certain Russian entities and individuals after the invasion of Ukraine by the Russian Federation might raise...

Arbitrability

Arbitration in Turkiye 13/09/2022

The Italian-Turkish BIT

Bilateral investment treaties (BIT) are international agreements providing the terms, conditions and protections for private investment by individuals and entities...

art. 819/ter It. code civ. proc. 10/08/2022

Parallel paths

As far as the relationship between arbitration and Court proceedings is concerned, Italian law applies the s.c. parallel paths doctrine....

Arbitration clauseCorporate arbitration

art. 806 It. code civ. proc. 28/07/2022

Court’s costs and fees

The Court of Appeal of Milan and the Court of first instance of Milan recently issued two decisions on the...

ArbitrationArbitration clause

art. 633 It. code civ. proc. 30/06/2022

Arbitration and payment order

A recent decision issued by the Court of first instance of Vicenza (Court of first instance of Vicenza, decision No....

Arbitration

art. 829 It. code civ. proc. 01/10/2021

Default arbitration proceedings

Default arbitration proceedings, or – with a more accurate wording – arbitration proceedings in which a situation occurs corresponding to...

AppealAppeal

art. 817 It. code civ. proc. 02/07/2021

Parallel proceedings

A recent decision issued by the Court of Appeal of Milan (No. 1946 of 23 June 2021, Italian text available...

AppealAppeal

art. 816/quater It. code civ. proc. 22/04/2021

Multiparty arbitration

Both from a historical point of view and in a number of its actual implementations, arbitration is a bilateral dispute...

ArbitrationDomestic arbitration

art. 34 decree no. 5/2003 25/02/2021

Extended effects or separability doctrine?

Two virtually simultaneous decisions, issued by two different lower Courts, reached opposite conclusions (Court of Catania, decision No. 1020 of...

Arbitration clauseArticles of association clause

art. 829 It. code civ. proc. 05/02/2021

Public policy

A recent decision issued by the Italian Supreme Court (decision No. 1788 of 28 January 2021, Italian text available here)...

ArbitrationDomestic arbitration

art. 806 It. code civ. proc. 31/12/2020

Arbitration in Italy’s 2020

Mountains of papers have been written, countless rhetorical statements and a handful of enlightening and careful considerations were spent to...

Corporate arbitrationDomestic arbitration

art. 34 decree no. 5/2003 09/11/2020

Corporate arbitration

Italian law provisions on corporate arbitration (enacted by legislative decree no. 5 of 17 January 2003) entails a number of...

ArbitrationArbitration clause

art. 34 decree no. 5/2003 29/09/2020

Separability presumption

Separability presumption is universally applied, as the relevant doctrine spread all over the world during the first half of XX...

ArbitrationArbitration clause

art. 806 It. code civ. proc. 21/09/2020

A proposal for Italian arbitration

In order to access the Recovery Fund, EU member States are required to draft a “National Recovery and Resilience Plan”,...

ArbitrationDomestic arbitration

art. 817 It. code civ. proc. 11/09/2020

A never signed arbitration clause

An Arbitral Tribunal seated in Padua recently dealt with some issues concerning its jurisdiction. The award was delivered on 21...

Arbitration clauseClause

art. 34 decree no. 5/2003 07/09/2020

International corporate arbitration

International corporate arbitration under Italian law is a very interesting topic that nonetheless is virtually neglected by Italian scholars. Besides,...

Arbitration clauseArticles of association clause

art. 832 It. code civ. proc. 06/07/2020

CAM simplified arbitration

The Arbitration Rules of Milan Arbitration Chamber, which came into force a year ago (as discussed here), has recently been...

Arbitration clauseClause

art. 829 It. code civ. proc. 08/05/2020

Arbitration in the time of CoViD-19

CoViD-19 pandemic also has an impact on arbitration proceedings. The relevant issues were addressed by Italian lawmaker, that enacted provisions...

Arbitrationcovid

art. 808/bis It. code civ. proc. 27/02/2020

Arbitration and tort claims

A recent decision issued by the Court of Milan (No. 1684 of 24 February 2020, Italian text available here) concerns...

ArbitrationArbitration clause

art. 808/quater It. code civ. proc. 04/02/2020

Liquidated damages, termination and arbitration

Arbitrability of disputes arising out of the termination of a contract: in my opinion, this is a very interesting topic,...

ArbitrationArbitration clause

art. 808/bis It. code civ. proc. 09/01/2020

Pre-contractual liability and arbitration

Pre-contractual liability, under Italian law, is a form of tort liability. In a nutshell (and with some degree of approximation),...

ArbitrationArbitration clause

Without category 23/12/2019

Arbitration in a nutshell

This blog is inter alia aimed at spreading and improving the knowledge of arbitration in Italy, hoping that this increased...

art. 34 decree no. 5/2003 25/11/2019

Counterclaims and objection to Court’s jurisdiction

The Court of first instance of Milan issued an interesting decision addressing the relationship between counterclaims and objection to the...

ArbitrationArbitration clause

art. 829 It. code civ. proc. 11/11/2019

Joinder and arbitration

In certain cases, Italian law requires the joinder of certain parties to the proceedings. For instance, as a general rule,...

AppealArbitration

art. 34 decree no. 5/2003 24/10/2019

“Irrituale” arbitration in corporate matters

The Court of first instance of Salerno recently heard a complex corporate case and its decision (No. 3296 of 21...

AppealArbitration clause

art. 808 It. code civ. proc. 17/10/2019

Separability of the arbitration clause

The arbitration clause, in Italian jurisdiction as well as in a number of other jurisdictions, does not constitute an ancillary...

AppealArbitration clause

Without category 08/10/2019

Stare decisis?

Italian legal system is a civil law system: as a consequence, stare decisis doctrine does not apply in Italy. However,...

Italian Supreme Court

art. 150 It. bankruptcy law 02/10/2019

Bankruptcy receiver’s claims

A recent decision issued by the Italian Supreme Court (Italian Supreme Court, I Civil Chamber, decision No. 24444 of 30...

ArbitrationArbitration clause

art. 808/ter It. code civ. proc. 25/09/2019

Objection to State Court’s jurisdiction

A contract contains an arbitration clause whereby the parties’ disputes are referred to arbitration. Notwithstanding the said clause, a party...

ArbitrationDomestic arbitration

art. 829 It. code civ. proc. 15/09/2019

Iura novit Arbiter

A recent decision issued by the Court of Appeal of Genoa (decision No. 1215 of 27 August 2019, Italian text...

Appeal

art. 808/bis It. code civ. proc. 05/09/2019

Arbitration and non-contractual claims

In the previous post, I examined a decision, regarding arbitration and contractual restitutions, that in my opinion is not correct....

ArbitrationArbitration clause

art. 808/bis It. code civ. proc. 26/08/2019

Contractual restitutions and arbitration

A recent decision issued by the Court of first instance of Milan (decision No. 7884 of 22 August 2019, Italian...

Arbitration clauseClause

art. 1341 It. civil code 31/07/2019

Arbitration clause and general terms and conditions

A recent decision issued by the Italian Supreme Court (decision No. 20078 of 24 July 2019, Italian text available here)...

Arbitration clauseItalian Supreme Court

art. 829 It. code civ. proc. 16/07/2019

Challenges to awards

The Court of Appeal of Milan issued a very interesting decision in proceedings aimed at setting aside an ICC award...

AppealICC

art. 1341 It. civil code 10/07/2019

General terms and conditions

Arbitration clause provided for by general terms and conditions: is it enforceable? The issue was recently addressed in a decision...

Without category 04/07/2019

Distinguishing Achmea

Two ICSID Arbitral Tribunals, on the basis of similar reasons, reached the same conclusion: Achmea decision (available here) does not...

Jurisdiction

art. 829 It. code civ. proc. 30/06/2019

Review on the merits

A recent decision issued by Italian Supreme Court (No. 17159 of 26 June 2019, Italian text available here) gives me...

AppealItalian Supreme Court

Without category 26/06/2019

Dispute Review Board in Italian Public Procurement

The so-called “Decree Unblock-Construction” (“Decreto Sblocca-Cantieri”) (decree No. 32 of 18 April 2019, converted into law No. 55 of 14...

art. 829 It. code civ. proc. 23/06/2019

Assignment of credit and arbitration clause

The Italian Supreme Court has recently upheld its doctrine on the circulation of the arbitration clause in case of credit...

AppealArbitration clause

art. 2479/ter It. civil code 16/06/2019

Corporate arbitration: the doctrine is (finally) right, its application is wrong

Corporate arbitration is a major topic for Italian arbitration practitioners. The Italian Supreme Court developed a doctrine and laid down...

Arbitration clauseArticles of association clause

art. 829 It. code civ. proc. 14/06/2019

Wording of the arbitration clause and setting aside of the award

The wording of the arbitration clause is of utmost importance: this is a subject I have already dealt with (for...

AppealArbitration

Without category 12/06/2019

Pledge for greener arbitrations

Lucy Greenwood, a collegue from the UK, is promoting the idea of a Pledge for Greener Arbitrations. I think that...

art. 34 decree no. 5/2003 09/06/2019

New arbitration rules of Milan Chamber of Arbitration

The Milan Chamber of Arbitration published its new arbitration rules. These new rules apply to arbitration proceedings commenced after 1st...

ArbitrationCorporate arbitration

art. 34 decree no. 5/2003 07/06/2019

Scope of corporate arbitration clauses

A recent decision issued by the Court of Cosenza (no. 1171 of 4 June 2019, Italian text available here) addresses...

ArbitrationArbitration clause

Soft law 02/06/2019

Prague Rules: minimal notes from an Italian perspective

In the last months, the international arbitration community has discussed on a new topic: the Rules on the efficient conduct...

International arbitration

art. 146 It. bankruptcy law 29/05/2019

Corporate arbitration and insolvency proceedings

After a year-long pause, a new article is available on Arbitration in Italy! It concerns a matter already analysed in...

Arbitration clauseArticles of association clause

art. 829 It. code civ. proc. 30/01/2017

Setting aside of arbitral awards

A recent decision delivered by the Court of Appeal of Brescia (decision no. 71 of 19 January 2017, Italian text...

AppealArbitration

art. 633 It. code civ. proc. 04/01/2017

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...

ArbitrationCourt of Rome

art. 827 It. code civ. proc. 21/11/2016

Setting aside of a partial award

If the Arbitral Tribunal issued a partial award on jurisdiction, should the parties immediately request its setting aside or may...

ArbitrationDomestic arbitration

art. 808/bis It. code civ. proc. 29/10/2016

Arbitration and tort claims

Italian Arbitration Law, as amended in 2006, expressly provides for the parties to enter into an arbitration clause concerning their...

ArbitrationDomestic arbitration

art. 35 decree no. 5/2003 16/10/2016

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...

Order for payment

art. 34 decree no. 5/2003 02/10/2016

Arbitrability of corporate disputes

A recent decision of the Court of Appeal of Catanzaro (no. 1478 of 22 September 2016, Italian text available here) sums up...

AppealArbitration clause

art. 2379 It. civil code 10/09/2016

Corporate disputes

Corporate disputes are capable of arbitration, under Italian law, if they concern negotiable rights (Art. 34(1) of Legislative Decree no....

ArbitrabilityArbitration clause

art. 813/bis It. code civ. proc. 28/08/2016

Making of the award

A recent decision of the Court of Appeal of Venice (decision no. 1855 of 17 August 2016, Italian text available here)...

AppealDomestic arbitration

art. 35 decree no. 5/2003 24/07/2016

Corporate arbitration and interim measures

A recent decision of the Court of first instance of Catania (decision no. 4041 of 19 July 2016, Italian text...

Arbitration clauseArticles of association clause

art. 808 It. code civ. proc. 10/07/2016

Assignment of the arbitration agreement

Italian Courts set forth peculiar rules concerning the assignment of the arbitration agreement in case of assignment of credit. In this respect, a...

Arbitration clauseClause

art. 2287 It. civil code 09/07/2016

Once again, on arbitration and statute of limitations

The Supreme Court sitting en banc (decision no. 13722 of 6 July 2016, Italian text available here) resolved the question...

Arbitration clauseArticles of association clause

art. 34 decree no. 5/2003 13/06/2016

Corporate arbitration and transfer of shares

If the Articles of Association of a company contain an arbitration clause, does that clause apply to disputes concerning the...

Arbitration clauseArticles of association clause

art. 27 decree no. 40/2006 15/05/2016

Review on the merits

The Supreme Court sitting en banc unified the case law on the issue of the review on the merits of...

AppealItalian Supreme Court

art. 34 decree no. 5/2003 01/05/2016

The return of the twin-track approach

A recent decision of the Court of first instance Naples (decision no. 4874 of 19 April 2016, Italian text available...

art. 808/ter It. code civ. proc. 25/04/2016

The objection of arbitration

A recent ruling of the Court of first instance of Genoa (decision no. 1325 of 14 April 2016, Italian text...

Arbitration clauseArticles of association clause

art. 2379 It. civil code 31/03/2016

Corporate arbitration: and yet it moves!

A recent decision by the Court of first instance of Florence (decision no. 1129 of 21 March 2016 of III Civil Chamber...

ArbitrabilityArbitration clause

art. 295 It. code civ. proc. 13/03/2016

Once again, on the relationship between arbitral and judicial proceedings

A recent ruling of the Court of first instance of Rome (decision no. 4216 of 1 March 2016 of the...

Court of RomeDomestic arbitration

art. 3 decree no. 168/2003 15/02/2016

Arbitration and directors’ remuneration

The Supreme Court addressed the arbitrability of disputes between companies and directors concerning the directors’ remuneration (decision no. 2759 of...

ArbitrabilityArbitration clause

art. 295 It. code civ. proc. 31/01/2016

Relationship between arbitration and judicial proceedings

The relationship between arbitration and judicial proceedings was the topic of a ruling of the Italian Supreme Court (order no. 783 of 19...

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

art. 20 decree no. 40/2006 27/01/2016

Arbitrability of disputes

I find interesting a recent ruling of the Italian Supreme Court (order no. 1119 of 21 January 2016, VI Civil...

ArbitrabilityArbitration clause

art. 2434/bis It. civil code 08/01/2016

Arbitrability of corporate disputes

A recent ruling of the Court of first instance of Rome (decision no. 25936 of 30 December 2015, Italian text...

ArbitrabilityArbitration clause

art. 2378 It. civil code 28/12/2015

Corporate arbitration and interim measures

The Court of first instance of Milan in a recent order of 22 December 2015 (Italian text available here) deals...

Arbitration clauseArticles of association clause

art. 24 decree no. 40/2006 20/12/2015

Once again, on the review on the merits

This is the third time in row we deal with the issue of the review on the merits of an...

AppealArbitration clause

art. 24 decree no. 40/2006 17/12/2015

Review of an award on the merits

The Court of Appeal of Venice, in its decision no. 2722 of 30 November 2015 (Italian text available here), deals with the...

AppealArbitration clause

art. 806 It. code civ. proc. 29/11/2015

Arbitration and embargo

The Supreme Court recently ruled on an interesting matter. The case dealt with the consequences of the prohibition to undertake...

ArbitrabilityArbitration clause

art. 806 It. code civ. proc. 16/11/2015

Optional arbitration

An arbitration clause stipulates that all the disputes arising out of the agreement may be referred to an Arbitral Tribunal. Is...

AppealAppeal before the Italian Supreme Court on ground of jurisdiction

art. 34 decree no. 5/2003 12/11/2015

Corporate arbitration: the twin-track approach is wrong

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

AppealArbitration clause

art. 24 decree no. 40/2006 09/11/2015

Grounds for setting aside

Decision no. 22007 of the I Civil Chamber of the Supreme Court (Italian text available here) deals with the issue of the...

AppealArbitration clause

art. 808/quater It. code civ. proc. 04/11/2015

Preliminary agreement and arbitration clause

An arbitration clause stipulated in the preliminary agreement (that is, a kind of agreement to agree, which is enforceable under...

AppealArbitration clause

art. 633 It. code civ. proc. 31/10/2015

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...

Arbitration clauseArticles of association clause

art. 806 It. code civ. proc. 16/10/2015

The case of the additional preposition

A recent judgment of the Supreme Court (decision no. 18707 of 22 September 2015, Italian text available here) dealt with...

Arbitration clauseClause

art. 2287 It. civil code 12/10/2015

Arbitration and statute of limitations

The First Civil Chamber of the Supreme Court requested the First President of the Court to transfer to the Supreme Court...

Arbitration clauseArticles of association clause

art. 633 It. code civ. proc. 07/10/2015

Waiver of the right to arbitrate

The Court of first instance of Rome (decision no. 19215 of 28 September 2015, Italian text available here) ruled in...

ArbitrabilityArbitration clause

art. 806 It. code civ. proc. 29/09/2015

Once again, on arbitration and insolvency

Two recent rulings of the Italian Supreme Court analysed the relationship between arbitration and insolvency proceedings. The first ruling (decision no....

Arbitration clauseBankruptcy

art. 808/quater It. code civ. proc. 23/09/2015

Construction of the arbitration clause contained in the Articles of association

In its decision no. 10610 of 22 September 2015, the Court of first instance of Milan declared its lack of jurisdiction on...

Arbitration clauseArticles of association

art. 806 It. code civ. proc. 20/09/2015

Arbitration and shareholders’ loan

If an arbitration clause is stipulated in the company’s Articles of association, disputes between a former shareholder and the company, concerning...

Arbitration clauseArticles of association

art. 34 decree no. 5/2003 18/09/2015

Once again, on arbitration and companies financial statements

The Supreme Court confirmed the non arbitrability of disputes concerning the challenge of company’s resolutions approving the financial statements (order no. 17950 of...

ArbitrabilityArbitration clause

art. 816/septies It. code civ. proc. 17/09/2015

Arbitrators’ fees

In its decision no. 17956 of 11 September 2015, the Supreme Court applied for the first time Article 816/septies of the...

AppealArbitration clause

art. 2426 It. civil code 16/09/2015

Challenge of shareholders’ resolutions

Order no. 17283 of 28 August 2015 of the Italian Supreme Court affirmed the jurisdiction of an Arbitral Tribunal on...

Arbitration clauseArticles of association

art. 832 It. code civ. proc. 05/08/2015

CAM’s guidelines for Tribunal-appointed experts

The Chamber of Arbitration of Milan has recently issued its guidelines for Tribunal-appointed experts in arbitration proceedings administered by the...

Adversarial principleDomestic arbitration

art. 34 decree no. 5/2003 02/08/2015

Arbitration and companies financial statements

The Court of first instance of Milan went back to analyse the relationship between Courts’ jurisdiction and the jurisdiction of Arbitral Tribunals,...

Arbitration clauseArticles of association

art. 806 It. code civ. proc. 31/07/2015

Construction of arbitration clause

The wording of the arbitration clause should be carefully selected, as it constitutes the basis of the jurisdiction of the Arbitral...

Articles of associationArticles of association clause

Without category 21/07/2015

International Court of Arbitration

The World Council of the International Chamber of Commerce appointed the members of the International Court of Arbitration for the term July 2015-June 2018....

ICCInstitutional arbitration

art. 806 It. code civ. proc. 20/07/2015

Arbitration in Italy

Arbitration in Italy was founded in 2015 by Roberto Oliva as a blog. The underlying idea was that of spreading...

art. 24 It. bankruptcy law 20/07/2015

Arbitration and insolvency

In insolvency matters, Italian law does not favour arbitration. On the one hand, the vis attractiva concorsus principle pursuant to article...

BankruptcyInstitutional arbitration

Roberto Oliva

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