Arbitration Archivi - Page 2 of 3 - Arbitration in Italy

Article art. 806 It. code civ. proc.

A proposal for Italian arbitration

✍️ by Roberto Oliva

📅 21/09/2020

In order to access the Recovery Fund, EU member States are required to draft a “National Recovery and Resilience Plan”, consistent with the specific recommendations...

ArbitrationDomestic arbitration

Article art. 829 It. code civ. proc.

Arbitration in the time of CoViD-19

✍️ by Roberto Oliva

📅 08/05/2020

CoViD-19 pandemic also has an impact on arbitration proceedings. The relevant issues were addressed by Italian lawmaker, that enacted provisions which require careful thought for...

Arbitrationcovid

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

Arbitration and tort claims

✍️ by Roberto Oliva

📅 27/02/2020

A recent decision issued by the Court of Milan (No. 1684 of 24 February 2020, Italian text available here) concerns a very interesting topic, that...

ArbitrationArbitration clause

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. 34 decree no. 5/2003

Counterclaims and objection to Court’s jurisdiction

✍️ by Roberto Oliva

📅 25/11/2019

The Court of first instance of Milan issued an interesting decision addressing the relationship between counterclaims and objection to the Court’s jurisdiction raised by the...

ArbitrationArbitration clause

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...

AppealArbitration

Article art. 150 It. bankruptcy law

Bankruptcy receiver’s claims

✍️ by Roberto Oliva

📅 02/10/2019

A recent decision issued by the Italian Supreme Court (Italian Supreme Court, I Civil Chamber, decision No. 24444 of 30 September 2019, Italian text available...

ArbitrationArbitration clause

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. 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...

ArbitrationArbitration clause