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1JulQ&A ArbitrationA Q&A guide to arbitration law and practice in Italy. The Q&A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law, confidentiality, local courts’ willingness to assist arbitration, enforcement of awards and the available remedies, both final and…Article filed under: Dispute Resolution
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1JulQ&A Dispute ResolutionA Q&A guide to dispute resolution law in Italy. The country-specific Q&A gives a structured overview of the key practical issues concerning dispute resolution in this jurisdiction, including court procedures; fees and funding; interim remedies (including attachment orders); disclosure; expert evidence; appeals; class actions; enforcement; cross-border issues; the use of ADR; and any reform proposals…Article filed under: Dispute Resolution
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18AprRepresentations and warranties – remedies for the acquirerRepresentations and warranties under Italian law Legal remedies for infringement Safeguards to add and mistakes to avoid Court ruling on consequences of infringement Comment Representations and warranties under Italian law Representations and warranties have been imported into Italian M&A law from US practice and are now one of the main aspects of almost any deal…
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29MarCross-border discovery and cloud computing: potential use of the cross border discovery before italian courtsThe aim of this article is to outline the ever-increasing importance of discovery for civil law proceedings due to recent, favorable developments in law cases and judicial decisions within the EU. In particular, we intend to consider the potential scenarios under which the result of discovery, a common law institution, could be introduced in civil-law…
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21MarClass actions: first precedent on preliminary stage of class action proceedingsIn an ordinance of December 16 2010, which was filed with the Court of Milan on December 20 2010, a class actionbrought under Section 140bis of the Customer Code was declared admissible for the first time in Italy. However, this only means that the class action has passed the preliminary examination stage and avoided early…Article filed under: Dispute Resolution
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18MarA new scenario for Italy: the compulsory mediation of civil and commercial disputesIn March 2010 the government approved a legislative decree to implement the EU Mediation Directive (2008/52/EC). Legislative Decree 28/2010 introduced a compulsory mediation stage for resolving civil and commercial disputes. The decree’s ambitious aim is to reduce the number of cases pending before the Italian courts and thereby cut the duration of a typical lawsuit…Article filed under: Dispute Resolution
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