Baker McKenzie’s Arbitration Yearbook 2018-2019 EditionÂ
Click here for the chapter on Italy in the 2018-2019 Arbitration Yearbook.
Arbitration News from Italy
Baker McKenzie International Arbitration Yearbook 2019-2020 – Italy
ITALY
Lorenzo de Martinis, Silvia Picchetti and Gaetano Iorio Fiorelli
A. LEGISLATION AND RULES
A.1 Legislation
Arbitration in Italy continues to be governed by articles 806 to 840...
Italy: State courts’ decisions on appointments and removals of arbitrators are not subject to...
Article 111(7) of the Italian Constitution grants parties with the right to file an extraordinary appeal with the Supreme Court on grounds of error...
Investor State Arbitration under CETA: Key Provisions and What to Watch for in 2017
The Comprehensive Economic and Trade Agreement ('CETA') between the European Union and Canada was signed October 30, 2016. The deepening of Canadian and European...
USA: NY Convention gives no jurisdiction over action to enforce foreign judgment conflicting with...
In Albaniabeg Ambient Sh.p.k. v. Enel S.p.A. and Enelpower S.p.A., No. 15 Civ. 3283 (S.D.N.Y. Mar. 11, 2016), the District Court for the Southern...
Italy withdraws from Energy Charter Treaty
The Italian government has recently declared its withdrawal from the Energy Charter Treaty ("ECT"). The ECT is a multilateral treaty between 53 countries across...
Arbitration News from Europe
Higher Regional Court Frankfurt Finds Publication of a Dissenting Opinion to be Ground for...
German law strictly protects the secrecy of the deliberations of a court and therefore does not allow the publication of dissenting opinions of lower...
Carpatsky Petroleum Corporation v PJSC Ukrnafta: issue estoppel and abuse of process in arbitration...
Key takeaways
The Carpatsky case is interesting for a number of reasons as it:
underlines the deference paid to decisions of supervisory courts...
Reform of Swiss international arbitration law approved by the Parliament
In 2017, the Swiss Government released a draft bill aiming at a reform of the Swiss international arbitration legislation. On 9Â June 2020, after several...
Section 68 challenge succeeds on the basis of serious irregularity caused by uncertainty or...
In Xstrata Coal v Benxi Iron & Steel ( EWHC 324 (Comm)), the English High Court permitted a challenge made under section 68 of...
Court of Cassation Takes Significant Step for Arbitration: Court Sustained an Arbitral Award with...
The role of the courts in the development of arbitration proceedings is undeniably crucial. The 15th Civil Chamber of the Court of Cassation, with its...
English Court of Appeal provides much needed clarity on the proper law of an...
Introduction
The rules around the law applicable to an arbitration agreement generate considerable discussion in arbitration circles, both in England and elsewhere. The two...
New Agreement Between EU Member States: Is This the (Definite) End of Intra-EU Investment...
For several years there has been turmoil within the EU around the potential termination of bilateral investment treaties ("BITs") concluded between EU member states,...
A Practical Global Guide: Arbitration of M&A Transactions
M&A transactions, which typically involve share purchase agreements, asset purchase agreements, shareholder agreements and joint venture arrangements, are a huge area of commercial activity,...
Rare successful challenge to arbitral award on a point of law
In Tricon Energy Ltd v MTM Trading LLC EWHC 700 (Comm), the English High Court granted a rare successful appeal against an arbitral...
Revised Arbitration Rules of the Finland Chamber of Commerce to enter into force on...
The Finland Arbitration Institute ("FAI") administers domestic and international arbitrations governed by its Arbitration Rules and the Rules for Expedited Arbitration. These rules were...
