The following Arbitration practice note produced in partnership with Filippo Frigerio and Micael Montinari of Portolano Cavallo provides comprehensive and up to date legal information covering:
For arbitration proceedings seated in Italy, arbitral tribunals cannot issue interim remedies (either provisional or conservative measures) unless as provided by Italian law (section 818 of the Italian Civil Procedural Code (CPC)). There is only one provision under Italian law relating to the arbitration of certain company disputes that empowers arbitrators to issue interim measures.
A company’s articles of association may authorise shareholders to determine, by way of arbitration, the validity of the company’s resolutions.
Where arbitration proceedings are started for such a purpose, paragraph 5 of article 35 of the Legislative Decree no 5, 17 January 2003 (D.Lgs. 5/2003) empowers an arbitral tribunal to suspend provisionally the enforceability of the company’s resolutions while their validity is challenged. Such orders cannot be challenged.
Commentators and courts exclude an analogical interpretation of this provision in order to extend its scope. As a result, tribunals are not empowered to issue any interim relief aside from suspending the enforceability of a company’s resolutions.
Pursuant to the same article, until an arbitration tribunal is established, the court which would be competent to determine the controversy absent an arbitration clause, retains the interim general power to suspend the enforceability of the company’s resolutions.
On the basis that arbitration tribunals are not given the power to issue interim remedies, they
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
Defects liability period and rectification of defectsIt is common in construction projects for defects to manifest or appear in the works. Most construction contracts require the contractor to return to site to rectify (also known as ‘make good’) defects which arise or are discovered during a
Property: [insert name and/or address of the Property] (‘Property’)Purchaser: [insert name, address and (if applicable) company registration number of buyer]Transaction: [insert brief details]1Executive summary1.1Scope of reportThis report is addressed to you [insert buyer’s name] and has been
Lexcel—assessmentLexcel is the Law Society's practice management standard. It is not compulsory although Lexcel accreditation can be helpful for firms wishing to be accredited under the Conveyancing Quality Scheme or the Legal Service Board's Specialist Quality Mark. This Practice Note tells you
Common law offence of false imprisonmentThe offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False imprisonment).It is triable only on indictment. It may be classified in class 2A, 2B or 3 in accordance with
0330 161 1234