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Mariconda e Associati Studio Legale

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

Italy - 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

New legislation surrounding medical malpractice

Italy - February 21 2018 Law 242017 (on rules regarding the safety of treatments and patients and medical malpractice) was approved on March 17 2017. In addition to setting

Supreme Court of Cassation rules on violation of rules regarding merit of a dispute

Italy - December 1 2016 The Supreme Court of Cassation recently considered the nullification of an arbitral decision based on a violation of the rules regarding the merit of

Court upholds principle of hearing both parties

Italy - 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

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

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

Italy - 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

Italy - 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

Recent decision regarding corporate arbitration proceedings

Italy - August 2 2018 The Court of Cassation recently addressed whether disputes concerning the withdrawal of a shareholder from a company may be submitted to arbitration

International arbitration clauses and jurisdictional preventive regulation

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

Company disputes: arbitration or judicial proceedings?

Italy - March 29 2018 The Court of Cassation recently ruled on the conferment of a company dispute to the jurisdiction of arbitration proceedings based on the arbitration