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.
International Contracts
Is the russian roulette clause legitimate?
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?
Maritime bill of lading and delivery order
Maritime bill of landing The bill of lading is a "representative" document of goods loaded onto a particular ship under a charter contract or transport contract, such that the holder of … [Read more...] about Maritime bill of lading and delivery order
International franchise
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?
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?
The insolvency of companies abroad: the new EU Regulation 2015/848
If the Italian company has claims against a failing Community foreign company, it is in a position to determine which court has jurisdiction to deal with the foreign insolvency proceedings and the … [Read more...] about The insolvency of companies abroad: the new EU Regulation 2015/848
Advantages and dangers of “escalation clauses” in international arbitration
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
Intra-EU sales contract: jurisdiction of the court of the place of delivery.
The Supreme Court, in a case of an Italian company refusing to deliver to an EU company other goods claiming that there is no contractual constraint that obliges it to provide, have considered that … [Read more...] about Intra-EU sales contract: jurisdiction of the court of the place of delivery.