Corporate arbitration Archivi - Page 2 of 4

“Irrituale” arbitration in corporate matters

by Roberto Olivaart. 34 decree no. 5/2003, art. 808/ter It. code civ. proc., art. 829 It. code civ. proc. 24 October 201924 October 2019No Comments

The Court of first instance of Salerno recently heard a complex corporate case and its decision (No. 3296 of 21 October 2019, Italian text available here), together with the decision issued by the Court of Appeal of Salerno with reference to the same dispute (No. 1311 of 14 September 2018, Italian text available here), provides the perfect opportunity to carry out a brief analysis of the issues concerning “irrituale” arbitration in corporate matters, that is to say the relationship between the “irrituale” arbitration as governed by Italian Code of Civil Procedure and arbitration in corporate matters under Italian Legislative Decree No. 5 of 17 January 2003 .

As a matter of fact, Italian law provides for two different kinds of arbitration proceedings: on the one hand, “regular” (“rituale”) arbitration, resulting in an enforceable award; on the other hand, “irrituale” arbitration, whose award has the effect of a binding contract.

In addition, “irrituale” arbitration has certain other peculiarities: concerning, for instance, the recourse for its setting aside.

Bankruptcy receiver’s claims

by Roberto Olivaart. 150 It. bankruptcy law 2 October 20192 October 2019No Comments

A recent decision issued by the Italian Supreme Court (Italian Supreme Court, I Civil Chamber, decision No. 24444 of 30 September 2019, Italian text available here) concerns the Arbitral Tribunals’ jurisdiction over claims raised by the bankruptcy receiver.

I consider this topic of great interest: I already examined it in the past (for example in this post) and in a few days it will be discussed during a debate organised by Milan Arbitration Chamber.

The said decision is also interesting because it summarised the general principles of the matter and applied them to a very peculiar case that had not been heard in previous reported judgments. This peculiar case is the claim that the bankruptcy receiver may raise under Article 150 of Italian bankruptcy law currently in force: the receiver is entitled to request the Court to issue an order for payment (under Italian law, an ex parte order) towards the shareholders of the bankrupt company with respect to the overdue capital contribution.

Corporate arbitration: the doctrine is (finally) right, its application is wrong

by Roberto Olivaart. 2479/ter It. civil code, art. 34 decree no. 5/2003, art. 806 It. code civ. proc. 16 June 201914 June 2019No Comments

Corporate arbitration is a major topic for Italian arbitration practitioners. The Italian Supreme Court developed a doctrine and laid down principles not entirely right. Some lower Courts tried to take a more appropriate approach, but to no avail (I discussed this issue, for instance, in this post).

A recent decision issued by the Court of first instance of Bologna (No. 1378 of 13 June 2019, Italian text availabe here) ostensibly applied the right doctrine (or the doctrine I deem right); nonetheless, it came to the wrong conclusion.

New arbitration rules of Milan Chamber of Arbitration

by Roberto Olivaart. 34 decree no. 5/2003, art. 832 It. code civ. proc. 9 June 201912 June 2019No Comments

The Milan Chamber of Arbitration published its new arbitration rules. These new rules apply to arbitration proceedings commenced after 1st March 2019 unless the parties have agreed, under Article 832 of the Italian code of civil procedure, that the arbitration proceedings shall be subject to the arbitration rules in force at the time of the stipulation of the arbitration clause (however, in this case, the Arbitration Chamber may refuse to manage the proceedings).

The new rules are available here.

Scope of corporate arbitration clauses

by Roberto Olivaart. 34 decree no. 5/2003 7 June 20198 June 2019No Comments

A recent decision issued by the Court of Cosenza (no. 1171 of 4 June 2019, Italian text available here) addresses the topic of the scope of corporate arbitration clauses.

Arbitrability of corporate disputes

by Roberto Olivaart. 34 decree no. 5/2003, art. 35 decree no. 5/2003, art. 806 It. code civ. proc. 2 October 20161 October 2016No Comments

A recent decision of the Court of Appeal of Catanzaro (no. 1478 of 22 September 2016, Italian text available here) sums up the current doctrine of arbitrability of corporate disputes.

Corporate disputes

by Roberto Olivaart. 2379 It. civil code, art. 2434/bis It. civil code, art. 2479/ter It. civil code, art. 34 decree no. 5/2003 10 September 201610 September 2016One Comment

Corporate disputes are capable of arbitration, under Italian law, if they concern negotiable rights (Art. 34(1) of Legislative Decree no. 5 of 17 January 2003). Therefore, the question is: what does “negotiable rights” mean?

The Court of first instance of Florence established an interesting doctrine of arbitrability of corporate disputes, which is enunciated in a recent decision (no. 2906 of 8 September 2016, Italian text available here).

I already examined that doctrine (in this post); moreover, the issue of arbitrability of corporate disputes has often been mentioned on this blog (for instance, in this post, in this one and this one too).

Corporate arbitration and interim measures

by Roberto Olivaart. 35 decree no. 5/2003, art. 669/quinquies It. code civ. proc., art. 818 It. code civ. proc. 24 July 20169 November 2017No Comments

A recent decision of the Court of first instance of Catania (decision no. 4041 of 19 July 2016, Italian text available here) focused on the relationship between corporate arbitration and interim measures and it is particularly interesting for its potential impact.

Once again, on arbitration and statute of limitations

by Roberto Olivaart. 2287 It. civil code, art. 2479/ter It. civil code, art. 2533 It. civil code, art. 2943 It. civil code, art. 819/ter It. code civ. proc. 9 July 201624 August 2016No Comments

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).

Corporate arbitration and transfer of shares

by Roberto Olivaart. 34 decree no. 5/2003 13 June 201624 August 2016No Comments

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.

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