art. 819/ter It. code civ. proc. Archivi

Article art. 806 It. code civ. proc.

Still on parallel paths

✍️ by Roberto Oliva

📅 26/02/2025

An arbitration clause in a company’s articles of association allows disputes between shareholders and companies to be referred to arbitration. However, the law places precise...

Court of Milan

Article art. 819/ter It. code civ. proc.

Parallel paths

✍️ by Roberto Oliva

📅 10/08/2022

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

Arbitration clauseCorporate arbitration

Article art. 633 It. code civ. proc.

Arbitration and payment order

✍️ by Roberto Oliva

📅 30/06/2022

A recent decision issued by the Court of first instance of Vicenza (Court of first instance of Vicenza, decision No. 1102 of 27 June 2022,...

Arbitration

Article art. 817 It. code civ. proc.

Parallel proceedings

✍️ by Roberto Oliva

📅 02/07/2021

A recent decision issued by the Court of Appeal of Milan (No. 1946 of 23 June 2021, Italian text available here) deals with a topic...

AppealAppeal

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

Objection to State Court’s jurisdiction

✍️ by Roberto Oliva

📅 25/09/2019

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

ArbitrationDomestic arbitration

Article art. 2287 It. civil code

Once again, on arbitration and statute of limitations

✍️ by Roberto Oliva

📅 09/07/2016

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

Arbitration clauseArticles of association clause

Article art. 295 It. code civ. proc.

Once again, on the relationship between arbitral and judicial proceedings

✍️ by Roberto Oliva

📅 13/03/2016

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

Court of RomeDomestic arbitration

Article art. 295 It. code civ. proc.

Relationship between arbitration and judicial proceedings

✍️ by Roberto Oliva

📅 31/01/2016

The relationship between arbitration and judicial proceedings was the topic of a ruling of the Italian Supreme Court (order no. 783 of 19 January 2016 of the III...

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

Article art. 2287 It. civil code

Arbitration and statute of limitations

✍️ by Roberto Oliva

📅 12/10/2015

The First Civil Chamber of the Supreme Court requested the First President of the Court to transfer to the Supreme Court sitting en banc a case...

Arbitration clauseArticles of association clause

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...

ArbitrabilityArbitration clause