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International arbitration

Applicability of D.Lgs. 231/2001 to foreign entities

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Premise With a recent judgment (Cassation, Section VI, judgment of 11.02.2020, filed on 7.04.2020, n. 11626), the Supreme Court ruled on the question of the applicability of the discipline provided … [Read more...] about Applicability of D.Lgs. 231/2001 to foreign entities

Covid-19 and international contract management – force majeure

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The epidemic from Covid19, in addition to the economic damage, causes legal issues that undermine, above all, the soundness of trade agreements, including transnational. In fact, the number of cases … [Read more...] about Covid-19 and international contract management – force majeure

Outsourcing agreement: how to innovate at low risks!

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The outsourcing of activities related to the implementation of innovative projects is a widespread practice in companies. The need behind such a choice lies in the evolution of market demands to … [Read more...] about Outsourcing agreement: how to innovate at low risks!

Transparency in international arbitration: the grounds for the decision to challenge the arbitrator.

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The increasing demand for transparency in arbitration has led the ICC to issue measures on the grounds of procedural decisions concerning the objection and the subsequent replacement of … [Read more...] about Transparency in international arbitration: the grounds for the decision to challenge the arbitrator.

Is the russian roulette clause legitimate?

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This type of clause comes into play when in the events of the company, is the case for example of the italian compani (S.r.l.) in which the participations are held to 50% from two associates, we find … [Read more...] about Is the russian roulette clause legitimate?

International franchise

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Franchising can be a good solution for an entrepreneur who decides to open his own sales points abroad, using persons who manage the business directly on site, through a distribution method able to … [Read more...] about International franchise

Letters of intent, MOU, gentlemen’s agreements and authorizations to proceed: what is their binding value in international contracts?

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These types of agreements are called pre-contractual and generally refer to a future contract whose objectives and characteristics are described, expressly referring and conditionalizing the possible … [Read more...] about Letters of intent, MOU, gentlemen’s agreements and authorizations to proceed: what is their binding value in international contracts?

Advantages and dangers of “escalation clauses” in international arbitration

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Definition The escalation clauses introduce a number of preliminary steps before the establishment of an arbitration procedure and attempt to avoid lengthy and costly judicial or arbitration … [Read more...] about Advantages and dangers of “escalation clauses” in international arbitration