Arbitration and non-contractual claims

by Roberto Olivaart. 808/bis It. code civ. proc., art. 829 It. code civ. proc.Posted on No Comments

In the previous post, I examined a decision, regarding arbitration and contractual restitutions, that in my opinion is not correct. On the basis of theoretical principles and in accordance with the case-law of the Supreme Court, this decision is in contrast with the favor arbitrati of Italian law.

I have therefore researched Italian State Courts decision on a very narrow (but interesting) issue: that concerning arbitration of claims under Article 1669 of the Italian Civil Code; that is to say, non-contractual claims connected to a contractual relationship. At the end of my research, I found that some State Courts maintain that Arbitral tribunals have jurisdiction over these claims (Court of Appeal of Catania, decision No. 820 of 10 April 2019, Italian text available here; and Court of Appeal of Bologna, decision No. 2453 of 5 October 2018, Italian text available here). And they do so even though the Italian Supreme Court laid down principles leading to the opposite conclusion (Italian Supreme Court, II Civil Chamber, decision No. 1674 of 3 February 2012, Italian text available here; and Italian Supreme Court, II Civil Chamber, decision No. 4035 of 15 February 2017, Italian text available here) .

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Challenges to awards

by Roberto Olivaart. 829 It. code civ. proc.Posted on No Comments

The Court of Appeal of Milan issued a very interesting decision in proceedings aimed at setting aside an ICC award (decision No. 3123 of 12 July 2019, Italian text available here).

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Review on the merits

by Roberto Olivaart. 829 It. code civ. proc.Posted on No Comments

A recent decision issued by Italian Supreme Court (No. 17159 of 26 June 2019, Italian text available here) gives me the chance to make brief comments on the scope of possible review on the merits of arbitration awards by Italian State Courts seised in proceedings for setting them aside.

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Assignment of credit and arbitration clause

by Roberto Olivaart. 829 It. code civ. proc.Posted on No Comments

The Italian Supreme Court has recently upheld its doctrine on the circulation of the arbitration clause in case of credit assignment (Italian Supreme Court, First Civil Chamber, decision No. 16127 of 14 June 2019, Italian text available here).

I have already examined this topic (in this post); nonetheless, in the light of its relevance, I believe that it is worth re-examining it.

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Wording of the arbitration clause and setting aside of the award

by Roberto Olivaart. 829 It. code civ. proc.Posted on No Comments

The wording of the arbitration clause is of utmost importance: this is a subject I have already dealt with (for instance in this post). A recent decision of the Court of Appeal of Milan (No. 2528 of 10 June 2019, Italian text available here) confirms this importance also with respect to the possible recourse for setting aside the award.

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Setting aside of arbitral awards

by Roberto Olivaart. 829 It. code civ. proc.Posted on 2 Comments

A recent decision delivered by the Court of Appeal of Brescia (decision no. 71 of 19 January 2017, Italian text available here) lets us briefly examine Italian rules on setting aside of arbitral awards and, in particular, the grounds for setting aside under Article 829 of Italian Code of Civil Procedure.

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Setting aside of a partial award

by Roberto Olivaart. 827 It. code civ. proc., art. 829 It. code civ. proc.Posted on 2 Comments

If the Arbitral Tribunal issued a partial award on jurisdiction, should the parties immediately request its setting aside or may they await the issuance of the final award? A recent decision of the Italian Supreme Court sitting en banc (decision no. 23463 of 18 November 2016, Italian text available here) maintains that the request for setting aside of such a partial award shall be filed together with the request for setting aside of the final award.

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Making of the award

by Roberto Olivaart. 813/bis It. code civ. proc., art. 823 It. code civ. proc., art. 829 It. code civ. proc.Posted on 2 Comments

A recent decision of the Court of Appeal of Venice (decision no. 1855 of 17 August 2016, Italian text available here) deals with the topic of the making of the award in the case of “filibustering” arbitrators.

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Review on the merits

by Roberto Olivaart. 27 decree no. 40/2006, art. 829 It. code civ. proc.Posted on No Comments

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 – Italian text available here – 9285 – Italian text available here – and 9341 – Italian text available here – of 9 May 2016).

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Once again, on the review on the merits

by Roberto Olivaart. 24 decree no. 40/2006, art. 27 decree no. 40/2006, art. 829 It. code civ. proc.Posted on No Comments

This is the third time in row we deal with the issue of the review on the merits of an arbitration award, rendered pursuant to an arbitration clause stipulated before the 2006 reform of Italian arbitration law, in proceedings commenced after the reform. 

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