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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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    Dr. Thomas Meyding
    09/02/2017
    CMS wins a num­ber of Cli­ent Choice Awards 2017 across...
    21/08/2019
    Un­due para­noia over due pro­cess
    Twin du­ties of fair­ness and ef­fi­ciency Most ar­bit­rat­ors are keenly aware that their award may be set aside or re­fused re­cog­ni­tion un­der the New York Con­ven­tion if the los­ing party was not ac­cor­ded due pro­cess.
    07/08/2019
    A step for­ward for In­ter­na­tion­al Me­di­ation: The Singa­pore Con­ven­tion...
    The United Na­tions Con­ven­tion on In­ter­na­tion­al Set­tle­ment Agree­ments Res­ult­ing from Me­di­ation (known as the “Singa­pore Con­ven­tion”) is open today (7 Au­gust 2019) for sig­na­ture by United Na­tion states with 46 states, in­clud­ing the US and China, sign­ing on day.
    07/08/2019
    Singa­pore Con­ven­tion on Me­di­ation signed by 46 coun­tries at open­ing...
    This art­icle is pro­duced by CMS Hol­born Asia, a Form­al Law Al­li­ance between CMS Singa­pore and Hol­born Law LLC. The United Na­tions Con­ven­tion on In­ter­na­tion­al Set­tle­ment Agree­ments Res­ult­ing from Me­di­ation, named the Singa­pore Con­ven­tion, of­fi­cially opened for.
    13/05/2019
    The Ver­dict Risk & In­vest­ig­a­tions
    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 Chile, in­clud­ing the ex­ten­sion.
    18/04/2019
    BARE­CON - The Im­port­ance of Class
    In the re­cent case of Sil­ver­burn Ship­ping (IoM) Ltd -v- Ark Ship­ping Com­pany LLC [2019] EWHC 376 (Comm), the High Court ruled that an ob­lig­a­tion in a charter­party to keep a ves­sel in class is both an ab­so­lute ob­lig­a­tion and a con­di­tion.
    28/02/2019
    Ar­bit­rat­ing fin­an­cial dis­putes – Are there tan­gible be­ne­fits?
    In the past dec­ade, sev­er­al at­tempts have been un­der­taken to pro­mote in­ter­na­tion­al ar­bit­ra­tion in the fin­an­cial in­dustry. In­deed, vari­ous fea­tures of in­ter­na­tion­al ar­bit­ra­tion ap­pear to be par­tic­u­larly well suited for the needs of fin­an­cial ser­vices pro­viders.
    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.
    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.