Category

art. 808 It. code civ. proc.

13 items
Article art. 34 decree no. 5/2003

Extended effects or separability doctrine?

✍️ by Roberto Oliva
📅 25/02/2021
Two virtually simultaneous decisions, issued by two different lower Courts, reached opposite conclusions (Court of Catania, decision No. 1020 of 13 March 2020, Italian text...
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Arbitration clauseArticles of association clause
Article art. 34 decree no. 5/2003

Separability presumption

✍️ by Roberto Oliva
📅 29/09/2020
Separability presumption is universally applied, as the relevant doctrine spread all over the world during the first half of XX century. In the words of...
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ArbitrationArbitration clause
Article art. 808 It. code civ. proc.

Separability of the arbitration clause

✍️ by Roberto Oliva
📅 17/10/2019
The arbitration clause, in Italian jurisdiction as well as in a number of other jurisdictions, does not constitute an ancillary clause of the underlying contract....
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AppealArbitration clause
Article art. 808 It. code civ. proc.

Assignment of the arbitration agreement

✍️ by Roberto Oliva
📅 10/07/2016
Italian Courts set forth peculiar rules concerning the assignment of the arbitration agreement in case of assignment of credit. In this respect, a recent decision issued by the...
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Arbitration clauseClause
Article art. 34 decree no. 5/2003

The return of the twin-track approach

✍️ by Roberto Oliva
📅 01/05/2016
A recent decision of the Court of first instance Naples (decision no. 4874 of 19 April 2016, Italian text available here) follows the (outdated) line...
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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. 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
Article art. 633 It. code civ. proc.

Waiver of the right to arbitrate

✍️ by Roberto Oliva
📅 07/10/2015
The Court of first instance of Rome (decision no. 19215 of 28 September 2015, Italian text available here) ruled in a complex case concerning the...
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ArbitrabilityArbitration clause