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Dispute Resolution

Italy

Over the years our professionals have developed a significant expertise in handling litigation matters before all Italian Courts, including the Italian Supreme Court, the State Council and the Constitutional Court. The firm regularly advises and represents clients in relation to civil, commercial, labour and administrative matters and proceedings. Our litigation department has a strong expertise in dealing with commercial litigation (including corporate, commercial agreements, bankruptcy, recognition of foreign decisions, intellectual property, debt recovery), also with reference to urgent and preventive measures. In connection with other CMS offices in most European jurisdictions, the firm offers a one-stop-shop service for representation in judicial proceedings and enforcement of judgments before all Courts in Italy and Europe. Our professionals also have an extensive experience in representing clients in arbitration proceedings, both domestic and international, and in acting as arbitrators themselves.

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    ADR

    Alternative dispute resolution has greatly expanded over the last several years to include many areas of law in addition to the traditional commercial disputes. ADR has become an important first step in the dispute resolution process and more often clients are in the need of assistance.

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    Arbitration

    The increase of cross-border disputes which involve different legal systems and different ways of doing business, alongside with the growing costs of traditional litigation procedures, are now suggesting to chose alternative measures to resolve business difficulties.

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    Litigation

    CMS Adonnino Ascoli & Cavasola Scamoni has a long lasting experience in both business litigation and for fiscal contentious matters. We believe our strength lie in the deep understanding of our clients' businesses and in our peculiar ability to provide responses to the problems that public and private companies encounter in their everyday work.

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    16/11/2018
    Third-Party Fund­ing in in­ter­na­tion­al in­vest­ment ar­bit­ra­tion – en route...
    Over the last couple of years, Third-Party Fund­ing (TPF) has be­come more and more com­mon with­in in­ter­na­tion­al in­vest­ment ar­bit­ra­tion. Ac­cord­ing to a re­port pub­lished by the In­ter­na­tion­al Coun­cil for Com­mer­cial Ar­bit­ra­tion (ICCA) in 2015, 60 % or more of all.
    25/09/2018
    In the Af­ter­math of Achmea – Does Vat­ten­fall En­sure the Fu­ture for...
    On 6 March 2018, the EU Court of Justice (CJEU) held in its Achmea rul­ing that dis­pute set­tle­ment pro­vi­sions provid­ing for ar­bit­ra­tion in in­tra-EU bi­lat­er­al in­vest­ment treat­ies (BITs) are in­com­pat­ible with EU law.
    07/08/2018
    The Singa­pore Me­di­ation Con­ven­tion: Plug­ging the gap in cross-bor­der...
    This art­icle is pro­duced by CMS Hol­born Asia, a Form­al Law Al­li­ance between CMS Singa­pore and Hol­born Law LLC. On 26 June 2018, the fi­nal drafts for a con­ven­tion on the en­force­ment of in­ter­na­tion­al set­tle­ment agree­ments res­ult­ing from me­di­ation and the cor­res­pond­ing.
    14/06/2018
    In­ter­na­tion­al PPAs: High Court pro­tects ar­bit­ra­tion pro­cess
    In At­las Power Ltd v Na­tion­al Trans­mis­sion and Des­patch Com­pany Lim­ited [2018] EWHC 1052, the Eng­lish High Court gran­ted an anti-suit in­jec­tion to a group of in­de­pend­ent power pur­chasers in Pakistan (“IPPs”) to pre­vent a col­lat­er­al at­tack against an ar­bit­ral.