Mariconda e Associati Studio Legale

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Request for recusal of arbitrator and appealability

October 4 2018 A recent Supreme Court of Cassation decision concerned a tribunal President's rejection of a motion to recuse an arbitrator appointed by the…

New legislation surrounding medical malpractice

February 21 2018 Law 24/2017 (on rules regarding the safety of treatments and patients and medical malpractice) was approved on March 17 2017. In addition to setting…

International arbitration clauses and jurisdictional preventive regulation

May 17 2018 The United Sections of the Court of Cassation recently addressed the question of jurisdictional preventive regulations and seized the opportunity to…

Court upholds principle of hearing both parties

July 28 2016 In a recent decision the Supreme Court of Cassation held that: "there is a violation of the principle of hearing both sides when the arbitrators…

Rules governing arbitration proceedings between business partners

June 29 2017 A recent Supreme Court of Cassation decision found that in arbitration proceedings concerning disputes between business partners, the clause referring…

Supreme Court of Cassation rejects appeal of arbitral award for alleged violation of substantive rules

April 25 2019 The Supreme Court of Cassation recently addressed a supply contract between two parties that contained a ritual arbitration clause. Pursuant to the…

Supreme Court of Cassation rules on nullity of arbitral award for late delivery of decision

March 21 2019 The Supreme Court of Cassation recently found that parties alleging nullity of an arbitral award for the late delivery of the decision must notify the…

Real estate leasing and mandatory mediation

February 7 2019 The Supreme Court of Cassation recently examined the relationship between real estate leasing agreements and mandatory mediation in banking and…

Decision on validity of arbitration clause not appealable before Supreme Court of Cassation

December 6 2018 In a recent decision the Supreme Court of Cassation - while addressing a question relating to the ritual or non-ritual nature of an arbitration clause…

Request for recusal of arbitrator and appealability

October 4 2018 A recent Supreme Court of Cassation decision concerned a tribunal President's rejection of a motion to recuse an arbitrator appointed by the…