Tag

Court of Milan

14 items
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...
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...
Article art. 806 It. code civ. proc.

Court’s costs and fees

✍️ by Roberto Oliva
📅 28/07/2022
The Court of Appeal of Milan and the Court of first instance of Milan recently issued two decisions on the issue of Court’s and attorney’s...
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...
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...
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...
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...
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...
Article art. 808 It. code civ. proc.

Assignment of the arbitration agreement

✍️ by Roberto Oliva
📅 10/07/2016
Italian Courts set forth peculiar rules concerning the assignment of the arbitration agreement in case of assignment of credit. In this respect, a recent decision issued by the...