Dispute resolution

S.C. Elisolar Srl v. Toshiba Transmission & Distribution Europe SpA, Court of Appeal of Milan, Decision No. 2528/2019, 10 June 2019
The Court of Appeal of Milan rejected the request for setting aside of an award on the ground of an error of law applicable to the merits finding that the arbitration agreement did not so provide.
Pubblicato in ITA Arbitration Report, 23 October 2019, Vol. XVII, Issue No. 10

Interoute S.p.A. v. Clouditalia Telecomunicazioni S.p.A., Court of Appeal of Milan, Decision No. 3123/2019, 12 July 2019
The Milan Court of Appeal ruled on the challenge of an ICC award on the ground of error of law stating that it is admissible where so provided by the procedural law in force at the time of the signing of the arbitration agreement.
Pubblicato in ITA Arbitration Report, 23 October 2019, Vol. XVII, Issue No. 10

Supreme Court, decision No. 23893/2015, rendered on 24 November 2015
The Supreme Court rules on the invalidity of an arbitration agreement facing embargo.

Court of Appeal, decision No. 2184/2015, rendered on 20 May 2015
The Court of Appeal rules on the limit of its revision of an arbitral award and on public policy.

Supreme Court, decision No. 5693, rendered on 20 March 2015 
The Supreme Court dismissed a recourse against an arbitral award for alleged lack of decision of the arbitrators.

Supreme Court, decision No. 10800, rendered on 26 May 2015
The Supreme Court decline jurisdiction in favor of an LCIA arbitration.

Supreme Court, decision No. 17444, rendered on 31 July 2014
Derogation from national substantive law does not require any specific acceptance.

Corte di Cassazione, No. 24153, 25 October 2013
jurisdictional nature of rituale award, existence, validity of arbitration clause is substantive, not jurisdictional issue, arbitration agreement "null and void" for indication of incorrect arbitration rules (no), applicable law to existence, validity of arbitration agreement.

Florence Court of Appeal, decision No. 1038, rendered on 27 June 2013
The Court of Appeal of Florence rules on the difference between an error of law and the arbitrator's free evaluation of the evidence.

Court of Appeal of Milan, 12 November 2012
Territorial competence of enforcement court, consolidation of enforcement proceedings, requirements for enforcement (in general), enforcement proceeding is opposition proceeding.

 

 

 

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