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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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    CMS Ex­pert Guide to In­ter­im Meas­ures
    27 Nov 19
    In­vest­ment ar­bit­ra­tion and con­struc­tion con­tracts: jur­is­dic­tion over...
    A re­cent IC­SID tribunal has up­held jur­is­dic­tion over a dis­pute con­cern­ing an al­leged set­tle­ment agree­ment arising from con­tract­or claims on a ma­jor in­fra­struc­ture pro­ject in the Re­pub­lic of Mozam­bi­que....
    21 Aug 19
    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...
    07 Aug 19
    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...
    07 Aug 19
    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,...
    18 Apr 19
    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...
    28 Feb 19
    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...
    16 Nov 18
    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...
    25 Sep 18
    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...
    07 Aug 18
    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...
    14 Jun 18
    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”)...