The Supreme Court sitting en banc (decision no. 13722 of 6 July 2016, Italian text available here) resolved the question of law (previously discussed in this post) concerning the relationship between arbitration and the limitation period provided for by a specific statute of limitations, that is to say by Article 2527(2) of Italian Civil Code (Article 2533(3) of Italian Civil Code currently in force).
Read more “Once again, on arbitration and statute of limitations”
If the Articles of Association of a company contain an arbitration clause, does that clause apply to disputes concerning the transfer of shares? This topic was recently discussed in the Court of first instance of Catania (decision no. 3127 of 7 June 2016, Italian text available here), which has replied negatively to this question.
The Supreme Court sitting en banc unified the case law on the issue of the review on the merits of an award, rendered pursuant to an arbitration clause stipulated before the 2006 reform of Italian arbitration law, in proceedings commenced after that reform (decisions nos. 9284 ā Italian text available here ā 9285 ā Italian text available here ā and 9341 ā Italian text available here – of 9 May 2016).
A recent decision of the Court of first instance Naples (decision no. 4874 of 19 April 2016, Italian text available here) follows the (outdated) line of cases, according to which two different types of corporate arbitration would be possible: on the one hand, corporate arbitration pursuant to article 34(2) of Legislative Decree 5/2003 (which states that “the arbitration clause shall specify the number of the arbitrators and how to appoint them. In any case, the arbitrators shall be appointed by a third party unrelated to the company; otherwise, the clause shall be deemed as null and void (ā¦)ā); and on the other hand, common arbitration pursuant to Article 808 of Italian Code of Civil Procedure. This is the so-called “twin-track”, which has already been discussed in this post.
A recent ruling of the Court of first instance of Genoa (decision no. 1325 of 14 April 2016, Italian text available here) deals with the issues of the objection of arbitration and its characterisation and construction.
A recent decisionĀ by the Court of first instance of Florence (decisionĀ no. 1129 of 21 March 2016 of III Civil Chamber of the Court of first instance of Florence, Italian text available here) re-opens the debate on the topic of arbitrability of corporate disputes, and it is particularly notable for the clarity of its reasoning.
We previously talked about this topic on several occasions (for instance, on this post, on this one and this one as well).
A recent ruling of the Court of first instance of Rome (decision no. 4216 of 1 March 2016 of the III Civil Chamber of the Court of first instance of Rome, Italian text available here) goes trough the issue of the relationship between arbitral and judicial proceedings. In particular, the ruling considers whether it is possible to order the stay of proceedings pending in Court, while awaiting the decision in other proceedings pending before an Arbitral Tribunal. This is an issue I already analysed on this post.
Read more “Once again, on the relationship between arbitral and judicial proceedings”
The Supreme Court addressed the arbitrability of disputes between companies and directors concerning the directors’ remuneration (decision no. 2759 of 11 February 2016 of the I Civil Chamber, Italian text available here).
The relationship between arbitration and judicialĀ proceedings was the topic of a rulingĀ of the Italian Supreme Court (orderĀ no. 783 of 19 January 2016 of the III Civil Chamber, Italian text available here). In this ruling, the Supreme Court came to the right conclusion that it is not allowed to order the stay of proceedings pending before a Court while awaiting the decision in proceedings pending before an Arbitral Tribunal. However, the Supreme Court’s reasoning is not entirely correct. This is the reason why I would like to briefly discuss itsĀ ruling.
Read more “Relationship between arbitration and judicial proceedings”
I find interesting a recent ruling of the Italian Supreme Court (order no. 1119 of 21 January 2016, VI Civil Chamber, Italian text available here), which dealt with the issue of arbitrability. In fact, the Supreme Court’s reasoning in that case (concerning the extent of disputes which may be referred to common arbitration) differs from the reasoning ofĀ Supreme Court in cases of corporate arbitration.
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