Italy

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(BonelliErede)/ /Leave a comment

On 13 June 2024, Italian Arbitration Day took place in Rome. The full-day conference saw a large number of arbitration practitioners dealing with the issue of globalization and geography in the arbitration. This post offers an overview of the key takeaways from the discussion.   Introduction: The Past, Present, and Future of Globalization   After…

Arbitration, Energy, Energy Charter Treaty, Energy Dispute, EU Law, European Law, Investment, Investment Arbitration, Investment Disputes, Investment law, Investment protection, Investment Treaties, Investor-State arbitration, Investor-state tribunals, Italy, Jurisdiction of the arbitral tribunal, Jurisdictional challenge, Renewable energy

(Università degli Studi di Trento)/ /Leave a comment

On March 11, 2024, an ICSID arbitral tribunal (Juan Fernández-Armesto (President), Wendy Miles, Alexis Mourre), rendered an award in Encavis AG and Others v. Italy. The controversy follows some other 14 disputes initiated by EU investors against the Italian State under the Energy Charter Treaty (“ECT”) (some of these discussed here) and falls into the…

Arbitration Agreement, Italy, SchiedsVZ

(University of Würzburg)/ /Leave a comment

Assuring a speedy resolution of potential disputes is a very important concern for most parties entering into arbitration agreements. One means to ensure a speedy arbitration can be a fixed deadline for the arbitral tribunal’s decision. With a focus on Italian law –under which Article 820(2) of the Code of Civil Procedure fixes a 240-day…

Emergency Arbitrator, Enforcement, Interim measures, Italy

(Freshfields Bruckhaus Deringer) and / /Leave a comment

The recent reform of Italian arbitration law, which went into effect on 28 February 2023, has finally put an end to the historical prohibition for Italian-seated sole arbitrators and arbitral tribunals to grant interim measures. This ban was one of the most atypical features of Italian arbitration law (which is still found only in very…

Enforcement, Independence and Impartiality, Interim measures, Italian law, Italy

(Cleary Gottlieb), (Cleary Gottlieb Steen & Hamilton LLP), and (Bocconi University)/ /Leave a comment

As part of the complex set of reforms that Italy presented to the EU institutions to access the Next Generation EU program, the Italian Parliament recently approved Law No. 206/2021 (“Law 206”). Among other things, Law 206: (i) establishes “principles and directions” aimed at enhancing the “efficiency of civil proceedings and amending the rules concerning”…

Interim measures, Italy, Reform

(Homburger)/ /Leave a comment

“Pedro, adelante, con juicio“: this Spanish exhortation comes from a famous Italian novel, “I Promessi Sposi” by Alessandro Manzoni. The Spanish governor of Milan gives these ambiguous instructions to his coachman Pedro, who is steering the carriage amidst a rioting mob: “forward, but be careful“. It became proverbial for describing an uneasy balance between action…

Colombia, Denial of Benefits, Italy, Model BIT

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First appearing in the 1970s, denial of benefits (DoB) clauses have proliferated, became more sophisticated, and evolved significantly and even beyond recognition as in the 2017 Colombian Model BIT. This post discusses such evolution and provides a taxonomy of the different versions of the clause.   Denial of Benefits Clauses in Outline Traditionally, DoB clauses…

Italy, Set aside an arbitral award

(MDisputes)/ /4 Comments

Despite the prominence of Italian industry in international trade – Italy is one of the G7 countries – the country has long struggled to build a reputation in international arbitration as a reliable and arbitration-friendly seat. Italy’s court system is notoriously among the slowest in Europe, and the slowest to reach a conclusion through its…

Dissenting opinions, German law, Germany, Italian law, Italy, Reasoned Awards, Reasoning, secrecy of deliberations

(Seven Summits Arbitration), (Freshfields Bruckhaus Deringer), and (White & Case)/ /Leave a comment

The Higher Regional Court of Frankfurt (OLG Frankfurt) delivered a decision on 16 January 2020 (Judgment) that has sparked interesting reactions to an already open debate in Germany on dissenting opinions (see previously on this Blog, here and here). But this decision also allows for a comparison of how German and Italian arbitration law, both…

Arbitration, CAM, DIS, Emergency Arbitrator, Germany, Interim measures, Italy

(Seven Summits Arbitration)/ /1 Comment

Goethe’s famous journey along the Italian peninsula left humanity a collection of verses that still make him the most notorious German author worldwide. Amongst others, he expressed his fascination for the country in these few lines: “Do you know the land where lemon blossom grows? / Amid dark leaves the golden orange glows. /A gentle…

Infrastructure, Investment Arbitration, Italy

(Bottega Di Bella) and (Galvez Pascual SLP)/ /2 Comments

It is our tentative prediction that a recent ruling from the Regional Administrative Court of Tuscany (TAR), which blocked the project to expand Florence Airport’s runaway – and hence, its passenger flow and corollary revenue – may “prepare the ground” for an investment arbitration dispute between Argentinian and Emirati investors and Italy.   Background In…

Arbitration institution, Arbitration Institutions and Rules, CAM, Italy

, (BonelliErede)/ /1 Comment

Italy’s leading arbitral institution, the Milan Chamber of Arbitration (“CAM”), issued its new rules (“CAM Rules”) on 1 March 2019. The new rules, superseding the previous CAM Rules of 2010 (“2010 CAM Rules”), apply to arbitration proceedings commenced after 1 March 2019, unless the parties have agreed otherwise under Article 45(2) of the CAM Rules…

Energy, Energy Charter Treaty, Italy, Oil & Gas

(Bottega Di Bella) and (Galvez Pascual SLP)/ /1 Comment

The Italian Republic – for better or for worse – is cracking down on hydrocarbon explorations and extractions. Kicking off with the regulatory changes recently brought about by the Italian Government, this post gauges their possible consequences for the stakeholders by going through a pending arbitration which may be ripe enough to become a benchmark…

Achmea, Arbitration, Energy, Energy Charter Treaty, European Commission, European Union, Italy, Spain

(Clyde & Co.)/ /Leave a comment
Clyde & Co.

There has been much comment about recent awards in Energy Charter Treaty (‘ECT’) arbitrations concerning investors’ claims against Spain and other EU states regarding renewable energy projects . The fortunes of investors and states have waxed and waned over the last few years, but overall it seemed that investors faced a considerable hurdle. In recent…

Arbitration, Arbitration Act, Italy

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The long-yearned for reform of the Arbitration Act has finally gotten off the starting block. An ad hoc commission has submitted its reform proposal (Proposal), to the scrutiny of the Ministry of Justice (for the full text of the Proposal see here; see also Guido Alpa et al., Un progetto di riforma delle ADR, Jovene,…

Arbitration, Energy, Energy Charter Treaty, European Commission, Fair and Equitable Treatment, Investment Arbitration, Italy, Legitimate Expectations

(Omnia Strategy LLP)/ /Leave a comment

Introduction The investment solar energy saga triggered by the regulatory reforms in the renewable energy undertaken by Spain and Italy is likely to be the new Black Swan in the investment arbitration world, reaching the importance and controversy of the Argentinian crisis of 2001. In addition, the question whether the ISDS system has learnt the…

Italy, Third party funding

, (Lombardi Segni e Associati)/ /Leave a comment

On Friday 13 January 2017, the Italian law firm Lombardi Segni e Associati hosted an ICC YAF event on Third-Party Funding (“TPF”) at its Milan office. The debate was introduced by Philippe Pinsolle (Partner, Quinn Emmanuel), key-note speaker of the event. Yasmin Mohammad (Senior Counsel, Vannin Capital), Shannon Lazzarini (Head of Group Litigation, Unicredit) and…

Arbitration Institutions and Rules, Chile, Dispute Resolution, Dispute Resolution Boards, Italy

(Çetinel Law Firm), (WAGEMANN Arbitration), and (Arbitration Chamber of Milan)/ /1 Comment

On January 1, 2016 the Milan Chamber of Arbitration (“Milan CAM”), issued Rules for Dispute Boards (“Milan Rules”) exactly one year after the Arbitration and Mediation Center of the Santiago Chamber of Commerce (“CAM Santiago”) did so in Chile (“Santiago Rules”). Milan CAM has around 950 mediation filings per year and over 130 arbitration proceedings…

Costs in arbitral proceedings, ICC Arbitration, Italy

(Lombardi Segni e Associati)/ /Leave a comment

In my last post, I pointed out the inconsistencies of the Italian judicial system. Italy has a court system that is indisputedly overloaded (and, as a consequence, inefficient); yet the most obvious solution to this problem, International Arbitration, is rarely used by companies or private individuals to resolve their disputes. In my view this happens…

Arbitration, Domestic Courts, International arbitration, Italy

(Lombardi Segni e Associati)/ /4 Comments

According to the last “Scoreboard” published by the European Commission in 2015 regarding the civil justice system in each Member State, the average length of first instance proceedings in Italy is 608 days. Only Cyprus and Malta take more time to reach a decision. As if this was not enough, the number of proceedings which…

Canada, ICSID Arbitration, ICSID Convention, Italy, Nationality requirement in arbitration clauses, UNCITRAL, Venezuela

(Covington and Burling LLP)/ /Leave a comment

For natural persons, possession of the nationality of the host state is an absolute bar to becoming a party to ICSID proceedings against that state. Article 25 of the ICSID Convention delimits the scope of arbitral jurisdiction to investment disputes between a ‘Contracting State’ and a ‘national of another Contracting State’, defined as ‘any natural…

Arbitration, Energy, Energy Charter Treaty, Investment, Investment Arbitration, Investment protection, Investor, Italy, Russia

(Stockholm University)/ /Leave a comment

No doubt that the last three years have been quite busy for the Energy Charter Treaty (ECT) and for the Energy Charter Conference. The number of investor-state arbitration cases under Article 26 of the ECT doubled in this time span, going from thirty known cases to sixty-eight (as reported on the website of the Energy…