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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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    27/11/2013
    In­ter­na­tion­al Ar­bit­ra­tion
    13/04/2018
    The Acon­cagua Bay – “al­ways ac­cess­ible”
    On 26 March 2018 the Com­mer­cial Court ruled, in an ex­tremely suc­cinct de­cision, that a war­ranty in a voy­age charter­party that a berth is “al­ways ac­cess­ible” en­com­passes both entry to and exit from the berth.
    19/03/2018
    Costs and Dur­a­tion: A Com­par­is­on of the HKI­AC, LCIA, SCC and SI­AC...
    This art­icle is pro­duced by CMS Hol­born Asia, a Form­al Law Al­li­ance between CMS Singa­pore and Hol­born Law LLC. In­tro­duc­tion As cross-bor­der con­tracts in­volving multi-jur­is­dic­tion­al parties be­come the norm, more play­ers have entered the arena to of­fer leg­al.
    09/03/2018
    CJEU rules against ar­bit­ra­tion clauses in In­tra-EU Bi­lat­er­al In­vest­ment...
    On 6 March 2018, the Court of Justice of the European Uni­on (CJEU) ruled that Art­icles 267 and 344 of the Treaty on the Func­tion­ing of the European Uni­on (TFEU) must be in­ter­preted as pre­clud­ing ar­bit­ra­tion pro­vi­sions in bi­lat­er­al in­vest­ment treat­ies between.
    23/01/2018
    Singa­pore passes bill for Singa­pore In­ter­na­tion­al Com­mer­cial Court...
    This art­icle is pro­duced by CMS Hol­born Asia, a form­al law al­li­ance between CMS Singa­pore and Hol­born Law LLC. In­tro­duc­tion On 9 Janu­ary 2018, Par­lia­ment passed the Su­preme Court of Ju­dicature (Amend­ment) Bill 2017 (the “Amend­ment”) giv­ing the Singa­pore In­ter­na­tion­al.
    15/01/2018
    Neth­er­lands to be­come a new hub for in­ter­na­tion­al com­mer­cial dis­pute...
    Re­cent years has seen a down­ward trend in in­ter­na­tion­al trade and com­mer­cial cases brought be­fore Dutch courts. But with the Dutch par­lia­ment sched­uled to de­bate a bill for the es­tab­lish­ment of the Neth­er­lands Com­mer­cial Court (NCC), in­ter­na­tion­al com­mer­cial.
    12/01/2018
    To­wards re­du­cing the com­plex­ity, cost and time of ar­bit­ral pro­ceed­ings: SI­AC’s...
    This art­icle is pro­duced by CMS Hol­born Asia, a form­al law al­li­ance between CMS Singa­pore and Hol­born Law LLC. In­tro­duc­tion On 19 Decem­ber 2017, the Singa­pore In­ter­na­tion­al Ar­bit­ra­tion Centre (“SI­AC”) an­nounced its pro­pos­al on cross-in­sti­tu­tion co-op­er­a­tion.
    11/01/2018
    Bare­con 2017 - Ringing in the Changes
    BIMCO re­cently pub­lished an up­dated ver­sion of their widely-used BARE­CON 2001. Whilst it largely fol­lows the same format, BARE­CON 2017 takes ac­count of a num­ber of leg­al and com­mer­cial changes and has been de­scribed by BIMCO as “a new lean­er ver­sion” which.
    19/12/2017
    Oil & Gas Ship­ping: a Venezuelan de­ten­tion
    In ST Ship­ping and Trans­port PTE Ltd v Space Ship­ping Ltd [2017] EWHC 2808 (Comm) the Com­mer­cial Court re­jec­ted an ar­bit­ra­tion ap­peal that sought to ar­gue that the ac­tions of the Venezuelan courts, in openly not fol­low­ing Venezuelan law, broke the chain of.
    14/12/2017
    Oil & Gas: Off-spec de­liv­er­ies – up­hold­ing the con­trac­tu­al mech­an­ism
    In Trafigura Be­heer BV v Ren­brandt Ltd (2017) EWHC 3100 (Comm) the Com­mer­cial Court provided some winter com­fort to pur­chasers and sellers that are seek­ing to rely on con­clus­ive evid­ence clauses as to qual­ity.
    27/11/2017
    Car­tel Dam­ages Claims - Claims Arising Out of Con­tracts?
    Re­gion­al Court of Dortmund, Judg­ment of 13 Septem­ber 2017 – 8 O 30/16 (Kart) On 13 Septem­ber 2017, the Re­gion­al Court of Dortmund (“LG Dortmund”) passed a judg­ment on wheth­er car­tel dam­ages claims fall with­in the scope of an ar­bit­ra­tion clause con­tained in.
    04/07/2017
    The New Fla­menco – Su­preme Court al­lows own­ers’ ap­peal
    The Su­preme Court, on 28 June 2017, found in fa­vour of the own­ers in the long-awaited “New Fla­menco” judg­ment - Glob­alia Busi­ness Travel S. A. U. (formerly Travel­Plan S. A. U. ) of Spain v Fulton Ship­ping Inc of Panama.
    21/06/2017
    The Ver­dict - Round-up of cor­por­ate crime de­vel­op­ments across CMS
    We are pleased to send our new is­sue of The Ver­dict, an at-a-glance round-up of re­cent leg­al de­vel­op­ments in re­la­tion to cor­por­ate crime. In this is­sue, the spot­light is on some sig­ni­fic­ant changes to anti-cor­rup­tion laws in the Czech Re­pub­lic, in­clud­ing.
    17/05/2017
    Drastic changes in re­new­able en­ergy laws trig­ger dam­ages award
    In an award dated 4 May 2017 (pub­licly avail­able in Span­ish only) is­sued in Eiser In­fra­struc­ture Lim­ited and En­er­gia Sol­ar Lux­em­bourg S. à. r. l v The King­dom of Spain (IC­SID Case No. ARB/13/36), an ar­bit­ral tribunal found that Spain’s le­gis­lat­ive changes in the.
    20/03/2017
    Due di­li­gence and pro­por­tion­al­ity un­der scru­tiny in latest IC­SID li­ab­il­ity...
    Sum­mary In a de­cision dated 21 Feb­ru­ary 2017, a tribunal act­ing un­der the aus­pices of the In­ter­na­tion­al Centre for Set­tle­ment of In­vest­ment Dis­putes (“IC­SID”), the World Bank’s ar­bit­ra­tion in­sti­tu­tion, in Am­pal-Amer­ic­an Is­rael Corp.
    15/03/2017
    Newly amended ICC Ar­bit­ra­tion Rules provide for ex­ped­ited pro­ced­ures
    On 1 March 2017, the latest amend­ment to the ICC Ar­bit­ra­tion Rules (the “ICC Rules”) came in­to force, in­tro­du­cing a num­ber of changes aimed at in­creas­ing trans­par­ency and ef­fi­ciency in ICC ar­bit­ra­tion pro­ceed­ings.
    06/03/2017
    PIP-case: ECJ cla­ri­fies scope of no­ti­fied body’s re­spons­ib­il­it­ies...
    In the PIP-case, a French man­u­fac­turer sup­plied thou­sands of wo­men with (al­legedly) de­fect­ive breast im­plants. Amongst oth­ers, pa­tients in Ger­many star­ted lit­ig­a­tion against the no­ti­fied body in ques­tion - TÜV Rhein­land (“Tuv”).
    10/02/2017
    In­dia Budget 2017 - 2018
    On 1 Feb­ru­ary, Fin­ance Min­is­ter Ar­un Jait­ley presen­ted In­dia’s an­nu­al Uni­on Budget for 2017-2018 (the “Budget”) for the fisc­al year be­gin­ning 1 April 2017. The cent­ral aim in this year’s Budget ap­pears to fo­cus on the most vul­ner­able with in­creased spend­ing.