Arbitration & ADR, Italy updates

International arbitration clauses and jurisdictional preventive regulation
Mariconda e Associati Studio Legale
  • Italy
  • May 17 2018

The United Sections of the Court of Cassation recently addressed the matter of jurisdictional preventive regulations and seized the opportunity to reaffirm the jurisdictional nature of arbitration proceedings. The court affirmed the principle according to which an international arbitration clause can invalidate the jurisdiction of the ordinary Italian courts regarding a notice of objection against a preliminary injunction.

Company disputes: arbitration or judicial proceedings?
Mariconda e Associati Studio Legale
  • Italy
  • March 29 2018

The Court of Cassation recently ruled on the conferment of a company dispute to the jurisdiction of an arbitral tribunal based on the arbitration clause contained in the company's articles of association. The tribunal had accepted the exception raised by the counterparties concerning its lack of jurisdiction, but the claimant appealed this decision before the Court of Cassation.

Rules governing arbitration proceedings between business partners
Mariconda e Associati Studio Legale
  • Italy
  • June 29 2017

A recent Supreme Court of Cassation decision addressed the invalidity of arbitration clauses that do not agree with Decree-Law 5/2003, which concerns judicial procedures for corporate matters. The court found that in arbitration proceedings concerning disputes between business partners, the clause referring to the appointment of arbitrators assigned to the parties will be void even if stipulated before Decree-Law 5/2003 came into force.

Appealability of arbitral decision excluding partners in cooperative
Mariconda e Associati Studio Legale
  • Italy
  • May 04 2017

The United Sections of the Supreme Court of Cassation recently addressed a case concerning a cooperative that had been sued before an arbitral tribunal by three partners who alleged that their exclusion, which the company had approved, had been illegitimate. The court found that the 30-day forfeiture term to appeal a decision excluding a partner of a cooperative, as provided for by the Civil Code, is applicable even in the presence of an arbitration clause in the cooperative's articles of association.

Supreme Court of Cassation issues decision on appealability of partial arbitral awards
Mariconda e Associati Studio Legale
  • Italy
  • February 16 2017

A recent Supreme Court of Cassation decision examined the long-standing question of how to interpret Article 827(3) of the Code of Civil Procedure, which provides that an arbitral award which partially decides the merit of the dispute is immediately appealable, whereas the award which decides some of the questions raised, without resolving the arbitral proceeding, is appealable only together with the final decision.

Supreme Court of Cassation rules on violation of rules regarding merit of a dispute
Mariconda e Associati Studio Legale
  • Italy
  • December 01 2016

The Supreme Court of Cassation recently considered the nullification of an arbitral decision based on a violation of the rules regarding the merit of the dispute, as set out in Article 829(3) of the Civil Procedure Code as modified by Decree-Law 40/2006. According to the previous version of Article 829(2) of the Civil Procedure Code, unless the parties expressly agreed otherwise, an arbitration award could be appealed for a violation of mandatory laws; however, the revised text overturns this clause.

Supreme Court finds that choice of arbitration clause is question of merit
Mariconda e Associati Studio Legale
  • Italy
  • September 29 2016

The Supreme Court of Cassation recently ruled on a dispute between two companies which had accepted two separate arbitration clauses. The court decided that the existence of two arbitration clauses governing the same relationship is a question of merit, rather than jurisdiction, which excludes the possibility that the court examining the procedural facts can also decide who is in charge of the dispute.

Court upholds principle of hearing both parties
Mariconda e Associati Studio Legale
  • Italy
  • July 28 2016

A recent Supreme Court of Cassation decision examined whether arbitrators can impose on parties mandatory time limits for the expiry of allegations, conclusions and evidence. The decision clarified that – given the power of arbitrators to regulate arbitration proceedings under the Civil Procedure Code – arbitrators can fix mandatory deadlines, provided that the parties have been informed of this in advance.

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