Prof Marco Torsello

Marco Torsello

Lawyer biography

After two decades of successful practice in major law firms, Marco joined ArbLit in 2014, effectively contributing to the establishment of the firm as a leading dispute resolution boutique, and became name partner in 2017, holding responsibility for the department of litigation.

A dual citizen (Italian and US), Marco uniquely combines the competences and experience of a successful transnational litigator and those of a highly-regarded transactional lawyer. In over twenty years of practice he has successfully represented top foreign and domestic clients in a variety of business-related matters and has developed specific skills and knowledge in transnational and multi-jurisdiction litigation, in ordinary, ex parte, and summary proceedings. The many substantive areas of his practice include most types of commercial contracts, corporate litigation, IP-related litigation, unfair competition, antitrust litigation, procurements and construction projects including the injunctive relief for abusive calling on bank guarantees, bankruptcy-related litigation, professional and medical malpractice and product liability.

Marco’s practice greatly benefits from his parallel scholarly work. He is professor of comparative law and transnational commercial law and has taught in some of the most prestigious Universities in Europe and the US. In such capacity he has often advised top foreign and domestic clients on complex, multi-jurisdiction transactions and on several cases he served as expert before foreign (primarily US and UK) and domestic courts. He also often appears as counsel and sits as presiding, sole and party-appointed arbitrator in ad hoc and institutional, international and domestic arbitrations under a variety of rules and governing laws and has also worked extensively in court proceedings assisting arbitration.



COVID-19, hardship and force majeure before Italian courts
Italy | 23 March 2021

It is unsurprising that business relationships are facing unprecedented hurdles as a result of the COVID-19 pandemic. Since the declaration of the state of emergency in 2020, the government has enacted a series of restrictions, and issued different provisions, in relation to the COVID-19 pandemic. This article focuses on case law and the courts' approaches towards the force majeure and hardship principles in contract law within the context of the COVID-19 pandemic.

Third-party litigation funding agreements
Italy | 22 December 2020

Third-party litigation funding is essentially unknown under Italian law. For instance, Italian contract law does not regulate litigation funding agreements and there is little case law on the matter. However, Italian law includes no mandatory rules or public policy principles that expressly preclude third-party funding. Therefore, it is likely to become an increasingly attractive litigation feature under Italian law, especially considering the national provisions governing the allocation of litigation costs.

Premium interest rate payable to creditors which file claims before Italian courts
Italy | 20 October 2020

Creditors taking legal action before the Italian courts to secure payment against their debtors have long regarded this as a nightmare option due to the length and complexity of Italian civil proceedings. However, recently introduced legislation may render this nightmare a dream, as claimants bringing actions for payment are now entitled to a premium interest rate equal to that available in respect of late payments in commercial transactions under the relevant EU legislation.

Specialised commercial courts with jurisdiction over claims against foreign defendants: the Italian approach
Italy | 01 September 2020

In recent years, an intense debate has taken place regarding the appropriateness and benefits of establishing specialised international commercial courts. This article presents the Italian (pre-Brexit) reform, which established specialised commercial courts with jurisdiction over cases brought against foreign defendants with a view to attracting foreign investments and businesses by assigning the adjudication of disputes in which they are involved to a limited number of highly specialised courts.

Post-lockdown litigation: Phase 2 special rules for court proceedings
Italy | 09 June 2020

In response to the COVID-19 outbreak, the government adopted a severe lockdown policy, including suspending all court proceedings and related deadlines in civil and commercial matters. As of 18 May 2020, the government moved to Phase 2, which means that litigation in civil and commercial matters can now resume. However, as with other activities, court litigation requires special measures to ensure social distancing in the courts' premises and judicial offices.