ABSTRACT: According to the Italian Corte di Cassazione, in the absence of a general rule establishing the invalidity of an agreement to defraud third parties, an agreement detrimental to the rights or expectations of creditors is lawful and valid. Causa is an essential requirement of any agreement Article 1325 of the Italian Civil Code requires...
Academics from Italy and abroad, along with some countries’ case law, have sometimes discussed the effects of an exequatur order (sometimes called recognition orders or merger judgments) outside its jurisdiction of origin. Particularly, it has been debated whether it can circulate and constitute a ground for legal enforcement in the same way as decisions on...
The reform of the Italian Code of Civil Procedure – A practical outline of the final phase of the civil first-instance proceedings after the so-called Cartabia Reform (Legislative Decree Oct. 10, 2022, No. 149). First hearing (art. 183 c.p.c.): in case of failure of the attempt at conciliation, the Judge: if the requirements under Art....
ABSTRACT: On 1st March 2023, the new Arbitration Rules of the Milan Chamber of Arbitration (“CAM”) entered into force. The new Arbitration Rules will apply to all the arbitration proceedings commenced as of 1st March 2023, regardless of the date on which the parties signed the underlying arbitration clauses. Following the entry into force of the new legislative...
Appearing before the court (Art. 163bis c.p.c.): 120 days between the service of the summons and the first hearing; Constitution of the plaintiff (Art. 165 c.p.c.): the plaintiff must enter an appearance within 10 days of service of the summons; Constitution of the defendant (Art. 166 c.p.c.;): the defendant must enter an appearance within 70...
ABSTRACT: According to the Italian Corte di Cassazione, the exclusive forum established for inheritance proceedings can be waived by the parties. If the party does not timely raise the exception of lack of territorial jurisdiction of the court in an inheritance case, the judge may not declare its lack of jurisdiction. Territorial jurisdiction in inheritance...
Court of Turin, May 17, 2021. ABSTRACT: The trustee (‘fiduciario’) may transfer assets in violation of the fiduciary agreement and the instructions given by the trustor (‘fiduciante’), without affecting the validity of the transfer. Any failure to comply with the obligations assumed by the fiduciario entitles the fiduciante to obtain a judgment that produces the...
The legislative decree (“decreto legislativo”) concerning the reform of Italian arbitration law has been recently enacted and its provisions will entry into force on 30 June 2023. I. Duty of Disclosure and Recusal of Arbitrators Under the newly enacted ruled, Italian arbitrators are requested to declare in writing, when accepting the appointment, all facts (such...
The promulgation of Legislative Decree No. 149/2022 (see the Official Gazette of Italy of last October 17) will likely be a watershed moment not only for civil trial practitioners, but also – it is fair to believe – for all those who turn to the justice system or are involved in a jurisdictional dispute. In...
In June 2020, a number of rules of jurisdiction were introduced into the Russian Code of Commercial Procedure concerning disputes involving a Russian sanctioned entity. In particular: (i) new Article 248-1, para. 1, of the Code of Commercial Procedure establishes a new rule of jurisdiction: lacking a parties’ agreement, Russian Courts have jurisdiction over disputes...
