Category

art. 829 It. code civ. proc.

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

Arbitration and non-contractual claims

✍️ by Roberto Oliva
📅 05/09/2019
In the previous post, I examined a decision, regarding arbitration and contractual restitutions, that in my opinion is not correct. On the basis of theoretical...
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ArbitrationArbitration clause
Article art. 829 It. code civ. proc.

Challenges to awards

✍️ by Roberto Oliva
📅 16/07/2019
The Court of Appeal of Milan issued a very interesting decision in proceedings aimed at setting aside an ICC award (decision No. 3123 of 12...
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AppealICC
Article art. 829 It. code civ. proc.

Review on the merits

✍️ by Roberto Oliva
📅 30/06/2019
A recent decision issued by Italian Supreme Court (No. 17159 of 26 June 2019, Italian text available here) gives me the chance to make brief...
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AppealItalian Supreme Court
Article art. 829 It. code civ. proc.

Assignment of credit and arbitration clause

✍️ by Roberto Oliva
📅 23/06/2019
The Italian Supreme Court has recently upheld its doctrine on the circulation of the arbitration clause in case of credit assignment (Italian Supreme Court, First...
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AppealArbitration clause
Article art. 829 It. code civ. proc.

Setting aside of arbitral awards

✍️ by Roberto Oliva
📅 30/01/2017
A recent decision delivered by the Court of Appeal of Brescia (decision no. 71 of 19 January 2017, Italian text available here) lets us briefly examine...
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AppealArbitration
Article art. 827 It. code civ. proc.

Setting aside of a partial award

✍️ by Roberto Oliva
📅 21/11/2016
If the Arbitral Tribunal issued a partial award on jurisdiction, should the parties immediately request its setting aside or may they await the issuance of...
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ArbitrationDomestic arbitration
Article art. 813/bis It. code civ. proc.

Making of the award

✍️ by Roberto Oliva
📅 28/08/2016
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...
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AppealDomestic arbitration
Article art. 27 decree no. 40/2006

Review on the merits

✍️ by Roberto Oliva
📅 15/05/2016
The Supreme Court sitting en banc unified the case law on the issue of the review on the merits of an award, rendered pursuant to...
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AppealItalian Supreme Court
Article art. 24 decree no. 40/2006

Once again, on the review on the merits

✍️ by Roberto Oliva
📅 20/12/2015
This is the third time in row we deal with the issue of the review on the merits of an arbitration award, rendered pursuant to an...
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AppealArbitration clause