Tag

Appeal

22 items
Article art. 829 It. code civ. proc.

Default arbitration proceedings

✍️ by Roberto Oliva
📅 01/10/2021
Default arbitration proceedings, or – with a more accurate wording – arbitration proceedings in which a situation occurs corresponding to the situation giving rise to...
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AppealAppeal
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...
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AppealAppeal
Article art. 829 It. code civ. proc.

Joinder and arbitration

✍️ by Roberto Oliva
📅 11/11/2019
In certain cases, Italian law requires the joinder of certain parties to the proceedings. For instance, as a general rule, the action aimed at setting...
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AppealArbitration
Article art. 34 decree no. 5/2003

“Irrituale” arbitration in corporate matters

✍️ by Roberto Oliva
📅 24/10/2019
The Court of first instance of Salerno recently heard a complex corporate case and its decision (No. 3296 of 21 October 2019, Italian text available...
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AppealArbitration 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. 829 It. code civ. proc.

Iura novit Arbiter

✍️ by Roberto Oliva
📅 15/09/2019
A recent decision issued by the Court of Appeal of Genoa (decision No. 1215 of 27 August 2019, Italian text available here) addresses a topic...
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Appeal
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