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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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    Paola Ghezzi
    01/08/2017
    New case law on pun­it­ive dam­ages
    CMS News­let­ter Italia | 01 agosto 2017
    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.
    15/05/2017
    The Su­preme Court rul­ing again on the le­git­im­acy of...
    CMS News­let­ter Italia
    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.
    Laura Opilio
    02/05/2017
    L'esternalizza­zione delle at­tiv­ità as­sicur­at­ive
    03/04/2019
    Ger­man Fed­er­al Su­preme Court re­jects Achmea's com­plaint that its right...
    At the end of Janu­ary, the Ger­man Fed­er­al Court of Justice (BGH) is­sued an­oth­er de­cision in the mat­ter of Achmea B. V. v. The Slov­ak Re­pub­lic. As already re­por­ted, in its de­cision of 31 Oc­to­ber 2018 the BGH an­nulled the ar­bit­ral award made in fa­vour of Achmea.
    23/03/2017
    La coper­tura as­sicur­ativa a 15 giorni dalla scadenza
    La pro­nun­cia della Cas­sazione sull'in­ter­pretazione...
    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.
    07/03/2017
    Mag­giori garan­zie per le vit­time di med­ic­al mal­prac­tice
    18/02/2019
    CJEU Ad­voc­ate Gen­er­al ap­proves In­vest­ment Court Sys­tem in EU-Canada...
    On 29 Janu­ary 2019, Ad­voc­ate Gen­er­al Yves Bot of the EU Court of Justice (CJEU) pub­lished his opin­ion that the in­vestor-state dis­pute set­tle­ment mech­an­ism of the EU-Canada Com­pre­hens­ive Eco­nom­ic and Trade Agree­ment (CETA) is com­pat­ible with EU law.
    09/02/2017
    CMS wins a num­ber of Cli­ent Choice Awards 2017 across...
    14/02/2019
    EU Mem­ber States ad­opt de­clar­a­tion on the ter­min­a­tion of all bi­lat­er­al...
    On 15 Janu­ary 2019, rep­res­ent­at­ives of EU Mem­ber States made the first form­al step to­wards end­ing bi­lat­er­al in­vest­ment pro­tec­tion treat­ies signed between EU Mem­ber States (“in­tra-EU BITs”) when they signed the De­clar­a­tion of the Rep­res­ent­at­ives of the Gov­ern­ments.