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Dispute Resolution

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
Arbitration
The increase of cross-border disputes which involve different legal systems and different ways of doing business, alongside with the growing costs of
Litigation
CMS Adonnino Ascoli & Cavasola Scamoni has a long lasting experience in both business litigation and for fiscal contentious matters. We believe ou

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08/03/2024
EU takes stand against environmental crimes with new Directive
The escalating problem of environmental degradation is triggering a re-evaluation of our legal systems' effectiveness in preventing and justly sanctioning such harms. Now the EU has taken a significant...
14/02/2024
Recognition and enforcement of foreign judgments in Italy
1. Is there an exequatur procedure? Yes. Recognition of a foreign judgment takes place automatically as long as the requirements are met and no grounds for refusal are invoked. Execution can be sought...
08/01/2024
Justice in the Digital Age: Exploring AI’s Role in International Arbitration
IntroductionThe use of artificial intelligence (“AI”) in international arbitration has been a topic of debate and discussion long before the launch of chatbot ChatGPT in late November 2022.  Indisputably...
15/12/2023
Oil & Gas Disputes Survey 2023
Our Oil and Gas Disputes Survey 2023 has highlighted that regulator activity, environmental issues and global economic and political challenges are seen by those in the oil & gas industry to be driving...
04/12/2023
Hague 2019 and recognition and enforcement of foreign judgments – a welcome...
UK Government confirms entry into Hague 2019On 23 November 2023 it was confirmed that the UK government will sign the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments...
04/12/2023
International arbitration law and rules in Italy
Even though political debates have focused for years on the issue of shortening the duration of trials in court proceedings, statistics indicate that Italy is still one the EU countries with the longest...
08/11/2023
CMS Life Sciences Vital Signs, Winter 2023
2023 has seen some significant legal developments impacting the life sciences industry, and as we look ahead to 2024, there are several important developments which we would like to keep our clients informed...
14/08/2023
CMS Expert Guide to Digital Litigation in Italy
1. Describe the state of digitalisation of the civil justice system in your jurisdiction in general. In recent years, the Italian legislator has intervened several times to digitalise civil proceeding...
Comparable
31/05/2023
UPC – the “Long-arm” jurisdiction
UPC Long-arm jurisdictionWith the UPC set to open its doors on 1 June 2023, just how far might its reach extend?Unless a European patent has been opted out of the UPC, the national courts and the UPC...
25/05/2023
North Sea Strikes and Force Majeure
The latest in a series of strikes by oil & gas workers in the North Sea continues to test the operation and efficacy of force majeure (“FM”) provisions in oil and gas industry contracts.There is no...
21/04/2023
Key changes for companies related to the new General Product Safety Regulation
On 30 March 2023, the European Parliament adopted the General Product Safety Regulation for consumer products, which replaces the General Product Safety Directive of 2001 (2001/95/EC). The Council must...
20/03/2023
UK Announces it will become a party to the Singapore Convention on Mediation
It has been announced that the UK will become a party to the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”), as an “important...