Given the well-known duration of Italian court proceedings, arbitration is an appealing alternative for resolving disputes subject to Italian law. International arbitration in Italy is governed by the Italian Code of Civil Procedure – Book IV, Title VIII, Articles 806-840 (“CPC” or “Italian arbitration law”). Even though the arbitration rules provided in the CPC are […]
Initiating Arbitrations Under Multiple Arbitration Agreements
The filing of arbitrations based on multiple arbitration agreements, contained in two (or more) separate contracts, in a single arbitration proceeding may be possible, but must be done with caution. The development of major projects in the fields of engineering, construction, oil and gas, and mining often give rise to situations where related disputes regarding […]
S SpA v. T GmbH, Oberster Gerichtshof, Case No. 180Cg1/15v, 23 June 2015
This case, resulting from a partial award rendered in a VIAC commercial arbitration, concerns the formal requirements of the validity of an arbitration agreement under Austrian law. The facts are as follows: a German consultant signed a contract for service with S SpA, an Italian company, for the sale of heat exchangers. This contract was […]
Customer (Italy) v. Service provider (Switzerland), Final Award CAM Case No. 1115/16, 10 December 2015
This case relates to the issue of the validity of a contract between two parties involved in an international arbitration under the arbitration rules of the Milan Chamber of Arbitration. In the case, the Claimant filed for a request for arbitration before the Chamber of Arbitration in Milan seeking damages for the termination of the […]
Investor-State Arbitration – Claimant’s Counsel’s Critical Choices
Critical Choices when Bringing an Investor-State Arbitration Claimants are faced with many difficult choices when bringing an investor-State arbitration: First, Claimant will have to decide whether to bring a case at all. While this seems straightforward and obvious, it is one of the most difficult choices for a company to make as outright expropriations today […]