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Litigation

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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. Our litigation professionals which are based both in Rome and in Milan, represent companies in a broad spectrum of commercial contentious matters. This includes, amongst others, aspects such as the disputes with competitors, retailers, customers, or more simply business partners. The team can also count on a strong group of tax experts which have a long-lasting professional experience in fiscal litigation. They have in the years, won both the trust of clients and important successes in the Italian courtrooms. CMS Adonnino Ascoli & Cavasola Scamoni’s litigation team, regularly help clients avoid the burden and expense of litigation, trying to find alternative dispute resolution mechanisms.

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27/11/2013
In­ter­na­tion­al Ar­bit­ra­tion
11 September 2020
In­ter­na­tion­al Me­di­ation Up­date: the Singa­pore Con­ven­tion in force on 12...
The United Na­tions Con­ven­tion on In­ter­na­tion­al Set­tle­ment Agree­ments Res­ult­ing from Me­di­ation (known as the “Singa­pore Con­ven­tion”) comes in­to force to­mor­row on 12 Septem­ber 2020. The Singa­pore Con­ven­tion...
13 August 2020
Ar­bit­ral rules – The start of a sea­son of change: LCIA Up­date
The LCIA has launched its new ar­bit­ra­tion and me­di­ation rules, which come in­to force on 1 Oc­to­ber 2020. This is the first de­vel­op­ment in a peri­od in which we are ex­pect­ing up­dates to ar­bit­ral rules from...
20 July 2020
ICC 2019 Stat­ist­ics Re­port: trends and growth areas
In­tro­duc­tion On 15 Ju­ly 2020, the In­ter­na­tion­al Cham­ber of Com­merce (the “ICC”) pub­lished its an­nu­al Dis­pute Res­ol­u­tion Stat­ist­ics Re­port for 2019 (the “Re­port”), set­ting out de­tailed fig­ures...
14 July 2020
More con­flict­ing judg­ments from Eng­land and France: un­cer­tainty for users...
In­tro­duc­tion In a sig­ni­fic­ant case for in­ter­na­tion­al com­mer­cial ar­bit­ra­tion, on 23 June 2020, the Par­is Court of Ap­peal re­jec­ted an ap­plic­a­tion to an­nul an ICC award, find­ing that the ar­bit­ral tribunal...
14 July 2020
Ger­man Fed­er­al Su­preme Court cla­ri­fies the bar for po­ten­tial pat­ent in­fringers...
With its de­cision of 5 May 2020 (Case No. KZR 36/17), the Ger­man Fed­er­al Su­preme Court raised the re­quire­ments for the con­duct of the po­ten­tial pat­ent in­fringer for FRAND ne­go­ti­ations. For the first time...
03 July 2020
Pro­tocol for On­line Case Man­age­ment in In­ter­na­tion­al Ar­bit­ra­tion
As ar­bit­ra­tions are be­com­ing in­creas­ingly glob­al­ised, with par­ti­cipants loc­ated across vari­ous jur­is­dic­tions, parties are con­stantly look­ing for ef­fi­cient ways to com­mu­nic­ate and share doc­u­ments and in­form­a­tion...
02 July 2020
EU agrees new class ac­tion re­gime for con­sumer dis­putes
After a long gest­a­tion, on 30 June 2020 the Coun­cil of the EU pub­lished the text for the col­lect­ive re­dress dir­ect­ive (the “CR Dir­ect­ive”) (text avail­able here). This le­gis­la­tion is in­ten­ded to bet­ter...
07 May 2020
The use of ex­perts in in­ter­na­tion­al con­struc­tion dis­putes: con­flicts of...
A re­cent de­cision of the Tech­no­logy and Con­struc­tion Court ap­pears to be the first re­por­ted Eng­lish de­cision to up­hold a fudi­ciary duty of loy­alty in an ex­pert wit­ness ap­point­ment. The find­ing in this...
24 April 2020
New CJEU rul­ing cla­ri­fies the ‘com­mu­nic­a­tion to the pub­lic’ pro­vi­sions...
In a much-an­ti­cip­ated de­cision, the Court of Justice of the European Uni­on (‘CJEU’) con­clus­ively de­term­ined that the activ­it­ies of car-leas­ing com­pan­ies of­fer­ing vehicles fit­ted with ra­dio equip­ment...
10 March 2020
Com­pet­i­tion Ap­peal Tribunal rules on bind­ing nature of European Com­mis­sion...
The UK’s Com­pet­i­tion Ap­peal Tribunal (CAT) has handed down an im­port­ant rul­ing on the ex­tent to which re­cit­als of a Com­mis­sion de­cision are bind­ing for the pur­poses of do­mest­ic dam­ages claims. The...
21 August 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...