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Commercial arbitration practitioners sometimes face problems arising from the conduct of a party that, recalcitrant to see the dispute decided by the arbitrators as agreed, engages in conduct with the apparent intent to prevent or hinder and slow down, the arbitral proceedings.
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Some thoughts on the reform of Italian arbitration law
Latest posts by Roberto Oliva (see all)
Much has been written, and much will still be written, about the recent reform of Italian arbitration law. The undeniable merit of this reform is that it brings the Italian system closer to that of other jurisdictions sharing the same civilizational perspective. The changes that have…
Arbitration law reform and new CAM rules
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1 March 2023 represents an important date for Italian arbitration practitioners. The Italian Code of Civil Procedure reform enters into force, containing targeted but extremely relevant interventions for arbitration matters. In addition, the new Arbitration Rules of the Milan Chamber of Arbitration also enter into force…
Lack of decision: no annulment of the vitiated award if the disregarded claim should still be rejected
The recent judgment rendered by the Supreme Court of Cassation no. 32796 dated 8th November 2022 (Italian text available here) resolved a delicate procedural issue, ruling that the following principle of law is also applicable to the appeal proceedings against the arbitration awards “the principles of economic and reasonable duration of the proceedings (…)…
On the appeal to procedural orders
A recent decision of the Italian Supreme Court (No. 32996 of 9 November 2022, Italian text available here) provides an opportunity for dealing with the possibility to appeal to a procedural order that only resolved preliminary issues.
This case, submitted to the Supreme Court’s assessment on matter of law, arose from the issuance of…
Italian arbitration in 2022
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2022 has been an exciting year for Italian arbitration practitioners.
First, in 2022 was enacted the reform of Italian arbitration law, which will enter into force on 1 March 2023. It is the first significant reform since that passed in 2006. It is worth immediately noting…
Service of the award
The Milan Court of Appeal, with the ruling hereby commented (No. 3466 of November 4th 2022, Italian text available here), decide a challenge of an arbitral award (rendered at the end of an arbitration proceeding concerning a dispute on the leasing of a branch of business) accepting the objection of tardiness raised by the…
Challenge to the shareholders’ meeting resolution and arbitrability
The Court of Milan reaffirms, in a recent decision (No. 8411 of 26 October 2022, Italian text available here), the broad applicability of the arbitration clauses contained in the Articles of Association, also with respect to the challenge to the shareholders’ meeting resolutions, with the sole exception of so-called irremediable nullity.
The claimant, in…
Sanctions and arbitrability
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The sanctions adopted against certain Russian entities and individuals after the invasion of Ukraine by the Russian Federation might raise an issue of arbitrability of disputes between sanctioned entities and third parties.
This is not a new subject for practitioners of international arbitration, as it has…
The Italian-Turkish BIT
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Bilateral investment treaties (BIT) are international agreements providing the terms, conditions and protections for private investment by individuals and entities of a contracting State (the home State) in the other Contracting State (the host State).
The proliferation of BITs at the turn of the 20th century…