Arbitration Team Coffee Break - July 2022

Events

On 9 June 2022, the first edition of the Italian Arbitration Day took place in Rome (Italy). The Milan Chamber of Arbitration and the Italian Arbitration Association organized this extraordinary and truly international initiative. After an inspiring keynote speech from Professor Massimo Benedettelli, who explained his vision of the past, the present and the future of international arbitration, prominent Italian and foreign speakers discussed the Italian proposal for the reform of the arbitration provisions.

News

Finnish gas company Gasum has declared it will bring its gas supply contract with Gazprom to arbitration. This is in relation to the recent changes in the payment terms made by Russia demanding that gas supplies be paid in roubles.

Book reviews/Interviews

On 19 May 2022, Bloomsbury (Hart) published the volume International Investment Law. An Analysis of the Major Decisions, edited by Hélène Ruiz Fabri (Professor of International Law and Director of the Max Plank Institute Luxembourg for Procedural Law) and Edoardo Stoppioni (Research Fellow at the Max Plank Institute Luxembourg for Procedural Law).

This description of the book is taken from the publisher’s website:

“Written by leading experts in the field, this collection offers a critical and comparative analysis of the existing case law on international investment law.

The book makes a topical contribution to the existing literature, showing most notably that:

• international investment law has a longer history than that generally considered and that this history is fundamental to understanding its development;
• international investment law is crafted today by a large number of actors. These include not only investment arbitrators, but also a variety of international and national courts and tribunals; and
• the literature and case law in languages other than English and from different legal cultures is essential to grasp the essence of the development of the topic.

This book brings together more than 40 experts from different countries and legal traditions and combines conceptual analysis and archival investigation of landmark case law to provide the reader with a fresh and innovative understanding of the breadth of international investment law.”

More information on what promises to be a truly rich and informative work can be found here.

Good to know

To adjudicate, or not to adjudicate – that is the question (before Italian courts)

Is the DAB procedure mandatory before submitting a construction claim to arbitration? Find out more in the analysis by Giuseppe Franco about a recent decision by the Italian Court of Lecce providing brand-new guideline for the interpretation of clause 20 of the 1999 FIDIC Contracts.

Arbitrators’ power to grant interim measures in Italy: Is the ‘wind of change’ blowing in the right direction?

The reform of the Italian Code of Civil Procedure envisages the power for the arbitrators to grant interim measures. This represent an historical shift in the Italian procedural legal system. Check out more in the comment by Federica Bocci.