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Author: CARLO RASIA
Publisher: CEDAM
ISBN: 8813374976
Category : Law
Languages : it
Pages : 225
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Book Description
This book is a useful knowledge tool for all those who intend to study the Italian arbitration system in depth, with reference to the regulations and laws currently in force, both within a national and an international framework. The relatively short size of the book is justified by intention to provide an overview of the system, along with a carefully selected list of references of the doctrine and the case law, starting from general notions, then dealing with more specific issues, step by step. It starts from arbitration conventions, followed by the appointment of arbitrators; then the various phases of the arbitration procedure are discussed and commented on, highlighting in particular the taking of evidence, and an emphasis is given to subjective complications of the proceedings. The final section of the book deals with arbitration awards, their review and the recognition and enforcement of foreign awards in Italy. A chapter is dedicated to the delicate relation between arbitration and trial before an Italian judge. To provide and complete the view of arbitration in Italy, the annexes at the end of the book report an non-official translation of the articles of the Italian Code of Civil Procedure dedicated to arbitration (Articles 806-832 and 839-840) and the special law on company arbitration (Legislative Decree No. 5 of 2003).
Author: CARLO RASIA
Publisher: CEDAM
ISBN: 8813374976
Category : Law
Languages : it
Pages : 225
Get Book
Book Description
This book is a useful knowledge tool for all those who intend to study the Italian arbitration system in depth, with reference to the regulations and laws currently in force, both within a national and an international framework. The relatively short size of the book is justified by intention to provide an overview of the system, along with a carefully selected list of references of the doctrine and the case law, starting from general notions, then dealing with more specific issues, step by step. It starts from arbitration conventions, followed by the appointment of arbitrators; then the various phases of the arbitration procedure are discussed and commented on, highlighting in particular the taking of evidence, and an emphasis is given to subjective complications of the proceedings. The final section of the book deals with arbitration awards, their review and the recognition and enforcement of foreign awards in Italy. A chapter is dedicated to the delicate relation between arbitration and trial before an Italian judge. To provide and complete the view of arbitration in Italy, the annexes at the end of the book report an non-official translation of the articles of the Italian Code of Civil Procedure dedicated to arbitration (Articles 806-832 and 839-840) and the special law on company arbitration (Legislative Decree No. 5 of 2003).
Author: Massimo V. Benedettelli
Publisher: Kluwer Law International B.V.
ISBN: 9041148280
Category : Law
Languages : en
Pages : 618
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Book Description
Arbitrating cross-border business disputes has been common practice in Italy since centuries. It is no wonder, then, that Italian arbitration law and jurisprudence are ample and sophisticated. Italian courts have already rendered thousands of judgments addressing complex problems hidden in the regulation of arbitration. Italian jurists have been among the outstanding members of the international arbitration community, starting from when back in 1958, Professor Eugenio Minoli was among the promoters of the New York Convention. Being Italy the third-largest economy in the European Union and the eighth-largest economy by nominal GDP in the world, it also comes as no surprise that Italian companies, and foreign companies with respect to the business they do in the Italian market, are among the main ‘users’ of international arbitration, nor that Italy is part to a network of more than 80 treaties aimed to protect inbound and outbound foreign direct investments and being the ground for investment arbitration cases. Moreover, in recent years, Italy has risen to prominence as a neutral arbitral seat, in particular for the settlement of ‘intra-Mediterranean’ disputes, also thanks to the reputation acquired by the Milan Chamber of Arbitration which has become one of the main European arbitral institutions. This book is the first commentary on international arbitration in Italy ever written in English. It is an indispensable tool for arbitrators, counsel, experts, officers of arbitral institutions and judges who happen to be involved in arbitral proceedings or arbitration-related court proceedings somewhat linked to the Italian legal system, either because Italy is the seat of the arbitration, the Italian jurisdiction has been ousted by a foreign-seated arbitration, the assistance of Italian courts is sought for the granting of interim measures or the enforcement of a foreign award or the arbitration results from a multilateral or bilateral investment protection treaty to which Italy is a party. This book may also be of general interest for scholars and practitioners of international arbitration at large to the extent that it deals with the ‘theory’ of international arbitration and illustrates original solutions offered by Italian arbitration law to various complex issues, such as: the potential conflicts (and required balance) between party autonomy and State sovereignty in the governance of arbitrations; the relationship between the New York Convention and the legal system of the State of the arbitral seat; the potential impact on cross-border arbitrations of insolvencies, human rights, or European Union law; the arbitrability of corporate disputes; the extension of arbitration agreements to ‘necessary parties’. Appendixes include an English translation of the main provisions of Italian law relevant to arbitration, a list of the investment protection treaties to which Italy is a party, and an English version of the Rules of Arbitration of the Milan Chamber of Arbitration. The author, who is full professor of international law, name partner of ArbLit (the first Italian boutique focusing on cross-border dispute settlement) and the current Italian member of the ICC Court of Arbitration, has written the book aiming to combine his academic background with his long-standing experience as counsel and arbitrator.
Author: Piero Bernardini
Publisher: Springer
ISBN: 9789041110305
Category : Law
Languages : en
Pages : 0
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Book Description
Arbitration law in Italy comes from various sources--the code of civil procedure, certain references within various laws, and the numerous bilateral and multilateral conventions to which Italy is a party. Without guidance, practitioners and academics risk missing an interpretational twist which changes the effect of the law. The Italian Law on Arbitration provides the essential guidance needed to assure a complete, informed understanding of the law. This book concisely and effectively presents the law of arbitration in Italy through individual analyses of all relevant provisions. Accompanying notes, where appropriate, interpret the provisions and provide practical applications of each rule of law in the light of doctrinal writings, court decisions, and field experience. These notes straightforwardly present the current, black letter law on the topic in question. Areas covered include dispute settlement, transnational litigation, conflict of laws, civil law, and procedural law. The Italian Law on Arbitration addresses all of the main problems relating to arbitration as a method of dispute settlement by the parties' election, including relations with state jurisdiction, status of the arbitrator, arbitrator impartiality, related duty of disclosure issues, challenges to arbitral awards, and enforcement of domestic and foreign awards in Italy.
Author: Ferdinando Emanuele
Publisher:
ISBN:
Category : Arbitration (International law)
Languages : en
Pages : 196
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Book Description
Author: Mikaël Schinazi
Publisher: Cambridge University Press
ISBN: 1108871747
Category : Law
Languages : en
Pages : 385
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Book Description
A unique history of modern international commercial arbitration theory and practice, this book draws on a wide range of sources from the eighteenth century to the present. It sets out the origins and evolution of the modern regime of international arbitration, the International Chamber of Commerce and current controversies.
Author: Margaret L. Moses
Publisher: Cambridge University Press
ISBN: 1139469975
Category : Law
Languages : en
Pages : 91
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Book Description
This title provides the reader with immediate access to understanding the world of international arbitration. Arbitration has become the dispute resolution method of choice in international transactions. This book explains how and why arbitration works. It provides the legal and regulatory framework for international arbitration, as well as practical strategies to follow and pitfalls to avoid. It is short and readable, but comprehensive in its coverage of the basic requirements, including changes in arbitration laws, rules, and guidelines. In the book, the author includes insights from numerous international arbitrators and counsel, who tell firsthand about their own experiences of arbitration and their views of the best arbitration practices. Throughout the book, the principles of arbitration are supported and explained by the practice, providing a concrete approach to an important means of resolving disputes.
Author: Giulio Bartolini
Publisher: Oxford University Press, USA
ISBN: 0198842937
Category : Law
Languages : en
Pages : 513
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Book Description
This volume critically reassesses the history and impact of international law in Italy. It examines how Italy's engagement with international law has been influenced and cross-fertilized by global dynamics, in terms of theories, methodologies, or professional networks. It asks to what extent historical and political turning points influenced this engagement, especially where scholars were part of broader academic and public debates or even active participants in the role of legal advisers or politicians. It explores how international law was used or misused by relevant actors in such contexts. Bringing together scholars specialized in international law and legal history, this volume first provides a historical examination of the theoretical legal analysis produced in the Italian context, exploring its main features, and dissident voices. The second section assesses the impact on international law studies of key historical and political events involving Italy, both international and domestically; and, conversely, how such events influenced perceptions of international law. Finally, a concluding section places the preceding analysis within a broader, contemporary perspective. This volume weighs in on in the growing debate on the need to explore international law from comparative and local viewpoints. It shows how regional, national, and local contexts have contributed to shaping international legal rules, institutions, and doctrines; and how these in turn influenced local solutions.
Author: Eric De Brabandere
Publisher: Cambridge University Press
ISBN: 1108963218
Category : Law
Languages : en
Pages : 445
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Book Description
The settlement of interstate disputes through recourse to courts and tribunals has grown gradually over the years, not only through the creation of new mechanisms to that effect, but also by using existing courts and tribunals. How these different international dispute settlement mechanisms operate in theory and practice is the subject of this comparative analysis by academic and practicing lawyers. The book takes stock of the procedure applicable in various interstate dispute settlement bodies, including international and regional courts and tribunals, and arbitration. This comparative view is essential to a better understanding of the strengths and weaknesses of the various procedural rules and regulations and the practical operation of international litigation. This book is aimed not only at scholars, but also at the courts and tribunals themselves, assisting them in revising their procedures, and at States and organisations developing future international legal mechanisms.
Author: Franco Ferrari
Publisher: Edward Elgar Publishing
ISBN: 1800882793
Category : Law
Languages : en
Pages : 288
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Book Description
This indispensable book offers a concise comparative introduction to international commercial arbitration (ICA). With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration offers a thorough overview of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage.
Author: Anselmo Reyes
Publisher: Cambridge University Press
ISBN: 1108490603
Category : Law
Languages : en
Pages : 545
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Book Description
Provides a comprehensive global survey on multi-tier dispute resolution, examining its trends, its strengths and weaknesses, and the way forward.
