Arbitration Team Coffee Break

Events

DLA Piper FIAMC Pre-Moot, Milan, May 26-27, 2023

The fourth Milan Investment Arbitration Pre-Moot will take place on May 26 and 27, 2023. DLA Piper will be organizing and hosting the event.

The pre-moot will prepare participants for the Investment Arbitration Moot Court in Frankfurt, which will take place from June 27 to 30, 2023. During the event, participants will receive suggestions and feedback from prestigious arbitrators and professionals.

Ten teams from universities around the world will compete during the event. The winning team will be announced at the final on Saturday, May 27.

Pranzo arbitrale: Initial Case Management Conference

On May 11, 2023, the Swiss Chapter of the AIA-Arbit-40 will host a one-hour lunch break in Zurich and Geneva, with a short presentation on initial case management from Lea Murphy and Angelina M. Petti, followed by a light Italian lunch.

Register until May 4 by emailing: ch@aia-arbit-40.org.

L’arbitrato alla luce della Riforma, Padua, 17 May 2023

On May 17, 2023, the Milan Chamber of Arbitration and the Chamber of Commerce of Padua will hold a conference discussing the recent reform of the Italian Code of Civil Procedure and its impact on arbitration. Registration is open.

 

News

Milan Chamber of Arbitration Board appoints new Arbitration Council

On March 27, 2023, the Board of Directors of the Milan Chamber of Arbitration appointed a new Arbitration Council, which will be in office for the next two years. The Arbitration Council rules on matters related to the administration of arbitration proceedings and adopts all related measures, except for the powers the Secretariat has according to the Rules of the Milan Chamber of Arbitration.

Among the new appointments as members of the Arbitration Council (Roberto Ceccon, Herbert Kronke, Carmen Nuñez Lagos and Elena Zucconi Galli Fonseca), Chiara Giovannucci Orlandi, Raffaele Lener and Loretta Malintoppi have been confirmed as members, whereas Enrico Giliberti and Vincenzo Roppo have been confirmed as President and as Vice-President, respectively.

Hauge Conference on Private International Law (HCCH) publishes the 2022 annual report

On March 8, 2023, the Permanent Bureau of the HCCH announced the publication of the HCCH 2022 Annual Report. The report contains an overview of the milestones achieved during 2022, the memberships, accessions, signatures and ratifications of 2022, the indication of the budget for financial year 2022-2023, and all treaty actions undertaken by Member States and the EU in the past year.

Italian Court of Cassation issues order no. 8462 of March 24, 2023

On March 24, 2023, the Italian Court of Cassation (Corte di Cassazione) dismissed a request of refusal of the recognition of a foreign judgment allegedly contrary to the international public policy of the forum.

The order was an opportunity for the Corte di Cassazione to reaffirm and clarify the principles underlying the refusal of recognition of a foreign judgment according to Law no. 218/1995.

The Corte di Cassazione confirmed that the compatibility of a judgment with the public policy of the forum where the recognition is sought should be verified only through the legal analysis of the operative part of the foreign judgment.

This implies that the Judge, when assessing the possible contrariety of the foreign judgment against the public policy of the forum, must consider the grounds of the judgment to better interpret its operative part, this because the court cannot re-assess the merits already decided by the foreign court.

 

Book review

Cambridge Compendium of International Commercial and Investment Arbitration

This 2056-page handbook is an impressive effort discussing and comparing investment and commercial arbitration.

The idea is to provide an instrument to be used in the international arbitration community to address contemporary issues.

The contributions from distinguished leading and upcoming voices from academia and practice tackle issues with a holistic approach. The contributors’ work turned the concept of this book – however ambitious – into a tool that can effectively serve the arbitral community.

The book covers wide-ranging topics – from the foundational principles of international arbitration (Part I) to the framework’s procedural questions (Part IV) to post-award issues (Part X). It ends with a chapter discussing the relationship between EU Law and arbitration (Part XIV).

The book stands out from other publications on arbitration. It addresses each topic from both a commercial and an investment arbitration perspective to pinpoint the similarities and differences between the two fields.

Stefan Kröll, Franco Ferrari and Andrea Bjorklud, the editors, coordinated a project that hardly misses any international arbitration issue. It provides a remarkable view of commercial and investment arbitration as part of a whole yet distinct structure.

Any reader interested in international arbitration should read this masterpiece, and we’re sure they won’t be disappointed.