art. 808/quater It. code civ. proc. Archivi

Article art. 806 It. code civ. proc.

Arbitration and choice of forum clauses

✍️ by Luca Giusquiami

📅 30/12/2020

The Court of first instance of Milan addressed in its decision No. 7692 of 26 November 2020 (Italian text available here) the issue arising out...

Arbitration clauseClause

Article art. 808/quater It. code civ. proc.

Liquidated damages, termination and arbitration

✍️ by Roberto Oliva

📅 04/02/2020

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

ArbitrationArbitration clause

Article art. 808/bis It. code civ. proc.

Pre-contractual liability and arbitration

✍️ by Roberto Oliva

📅 09/01/2020

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

ArbitrationArbitration clause

Article art. 808/bis It. code civ. proc.

Contractual restitutions and arbitration

✍️ by Roberto Oliva

📅 26/08/2019

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

Arbitration clauseClause

Article art. 808/bis It. code civ. proc.

Arbitration and tort claims

✍️ by Roberto Oliva

📅 29/10/2016

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

ArbitrationDomestic arbitration

Article art. 808/quater It. code civ. proc.

Preliminary agreement and arbitration clause

✍️ by Roberto Oliva

📅 04/11/2015

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...

AppealArbitration clause

Article art. 808/quater It. code civ. proc.

Construction of the arbitration clause contained in the Articles of association

✍️ by Roberto Oliva

📅 23/09/2015

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

Arbitration clauseArticles of association

Article art. 806 It. code civ. proc.

Arbitration and shareholders’ loan

✍️ by Roberto Oliva

📅 20/09/2015

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

Arbitration clauseArticles of association

Article art. 806 It. code civ. proc.

Construction of arbitration clause

✍️ by Roberto Oliva

📅 31/07/2015

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

Articles of associationArticles of association clause