DEPARTMENTS

Specialized departments were created within Arbitrando to meet requirements for more in-depth knowledge in specific industries.
Indeed, our legal system provides for special forms of arbitration, for example with regard to corporate law, or employment law, or sports law, which are the subject of specific norms.
On the other hand, in other realms of the law (for instance, with regard to intellectual property, copyright, condominium rules or rights in rem), arbitration takes place in accordance with ordinary rules (art. 806 et seq. of the Civil Procedure Code), but industry peculiarities indicate that they should be taken into due account when formulating decisions.

In other realms still, such as family law, arbitration could well constitute an advantage in resolving disputes that pertain to transferable rights, but in this case, too, knowledge of industry peculiarities is fundamental.
Then, there is international law, and arbitrations involving parties of different nationalities, where one needs to take into account solutions adopted by the main international arbitration institutions which, inter alia, enable to deal with (and maybe anticipate) issues and solutions that may also be relevant to the domestic practice of arbitration.
Therefore, it is important to accrue specialized know-how and experience, so that the parties that turn to Arbitrando to appoint arbitrators can find appropriate professionals for specific disputes.

DESCRIPTION

Shared solutions. Diriment decisions.

These are the fundamental goals that make reliance on A.D.R. a successful choice for the resolution of complex disputes and for the enactment of effective conflict management policies, dedicated to managing long-term and procurement contracts.

Should an amicable settlement of the dispute not be possible, an effective and speedy resolution of it becomes more and more desirable; and this is what reliance on arbitration proceedings, if brought appropriately, can offer.

The workshop approach adopted by this Department shall enable to perform a complete accounting of the typical features of the “arbitration contract”.

All the foregoing with a view to creating appropriate guidelines and model contracts useful to prepare dispute resolution and arbitration clauses that are specifically useful for the resolution of the broadest range of disputes.

When it comes to Apartment buildings (“condominio”), both disputes between resident and building management and those between the apartment building and third parties require an arbitration clause to be included, respectively, in the condominium rules or in the agreement between the parties.

Specifically, because the two “macro-areas” (apartment building and rights in rem) fall within the scope of mandatory mediation under art. 5 of Legislative Decree No. 28/210, it might be appropriate to provide for a “double or multi-step clause”.
As regards rights in rem, arbitration may take place both upon establishing rights in rem, upon transferring such rights, and upon regulating them.

Leases will also be looked into, since they are connected with rights in rem.

The overall work cannot disregard a preliminary review of art. 808-bis of the Civil Procedure Code in point of non-contractual disputes.

MEMBERS

Giancarlo de Caroli – Coordinator

Carola ColomboFrancesca IntersimoneDonatella MarinoMatteo MasielloNadia MiloneRiccardo RavasioEnrico SpagnoloMaria Spataro – Alberto Venezia

DESCRIPTION

Arbitration in family law matters is still uncommon, despite recent legislative reforms suggesting general inclination in favour of arbitration.

Thus, Arbitrando wishes to promote the advantages of arbitration among people who have to cope with personal separation or divorce, solely to the extent of transferable rights.

Arbitration as a procedure:

– enables the overall resolution of all disputes that often affect spouses hitting a rough patch;
– can be tailored to a specific case and be less expensive, also monetarily;
– ensures very speedy decision times and therefore minimizes causes of emotional distress between the parties;
– is flexible towards the specific requirements of a case and it is open-minded towards “unions” or family arrangements in a broader sense;
– centres the parties and ensures they are being listened to.

Already in 2015, some members in the Family department assisted in organising a conference on this topic, in cooperation and under the aegis of A.I.Me.F. – Associazione Italiana Mediatori Familiari (Italian Association of Family Mediators).

MEMBERS

Jane Mori – Coordinator

Antonella Attubato – Monica Cattaneo – Grazia Ofelia Cesaro – Carola Colombo –Francesca IntersimoneFrancesca Locatelli – Davide Piazzoni

DESCRIPTION

The International Arbitration Department intends to prepare recurring updates on international issues that might be of interest to Arbitrando members and relevant to the association’s purposes.

Arbitrando was created with a vocation prevalently geared towards domestic arbitration, but at the same time it believes it is important to devote some attention to international aspects of arbitration rules and regulations, for at least two reasons.

On one hand, especially in Milan and for those who work with non-national clients or adverse parties, it is possible for “internationally-minded” aspects to arise (e.g. the need to enforce a foreign arbitration award in Italy, and vice-versa) and, on the other, the Association believes it is indispensable to keep adequately up to date with, most of all, international commercial arbitration, also considering the influence the latter exerts on the evolution of domestic arbitration.

Existing in particular in other jurisdictions where arbitration is more advanced, and the solutions adopted by the main international arbitration institutions allow to anticipate issues and solutions that are also relevant for domestic arbitration practice, specifically in the current climate, where arbitration (and not just arbitration) is subject to fast-paced changes, also as a result of technological evolution.

MEMBERS

Fabio Cozzi – Coordinator

Lydia Ansaldi – Alessandro BossiAndrea ColorioMario Sergio DusiFrancesca LocatelliDonatella MarinoJane MoriLivia OglioElena Olivetti Alberto Venezia

DESCRIPTION

Arbitrando’s commitment has led to the creation of an Employment Department, which deals with studying, investigating and promoting Arbitration as per art. 412 et seq. of the Civil Procedure Code.

The so-called Labour Arbitration, albeit still scarcely practised, constitutes without a doubt an opportunity to resolve most of the disputes associated with employment-related matters, in a specialized, fast, confidential, and even alternative manner.

In this perspective, in any event, even the topics associated with cross-border employment relationships will also be investigated, and therefore, the use of arbitration in resolving the related disputes.

In addition, thanks to the cross-section specialization of Arbitrando’s members, disputes may be addressed that do not only concern employment law issues strictly speaking, but also any related problems, such as, for example, corporate law, family law, and international law matters, etc.

But there’s more; the flexibility of arbitration has allowed the Association to appreciate the procedure under art. 412-quater of the Civil Procedure Code even as a valid tool to facilitate reaching settlement agreements which, in this manner, are no longer subject to further challenges, since they were reached in a protected venue and in compliance with all the guarantees provided under the law.

MAMBERS

Mario Fusani – Coordinator

Eugenio AurisicchioGianluca BonaAlessandro Bossi – Carola MainiEnrico SpagnoloAlberto Venezia

DESCRIPTION

The Department comprises two areas that are peculiarly interconnected to one another: intellectual creations and assets with artistic value.

Gradual deindustrialization in the Western world has transformed Intellectual Property into the true coffers of advanced economies.

Most current high-level disputes thus focus on intangible assets such as industrial inventions, design, software, art creations, corporate know how.

Handling IP disputes through arbitration cannot then set aside professional expertise subject to constant updates as technological innovation and artistic trends progress.

Arbitrando’s IP Department intends to foster a culture of Arbitration in these areas, because we see this as a suitable tool to resolve disputes marked by cross-sector regulations, high degree of technicality and international matters, by the need of quick, flexible, and confidential solutions, as well as tailor-made decisions that also take into account the various cultural, social, political, and religious backgrounds that mark these conflicts, for example, in art law.

MEMBERS

Renato D’Andrea – Coordinator

Giulia CoffaniMario Sergio DusiAnnapaola Negri Clementi – Gianluca Pojaghi Federico Redaelli – Massimo Stefanutti

DESCRIPTION

The Corporate and Banking Arbitration Department intends to identify areas of highest interest in these topics in connection with Arbitrando’s objectives.

Corporate arbitration is regulated and governed under articles 34, 35, and 36 of Legislative Decree No. 5 of 17.1.2003, as special arbitration specifically intended by legislators for corporate law disputes and subject to the requirement of an arbitration clause being included in the by-laws. The Department intends to keep abreast of case law developments as to which corporate law disputes may be deferred to arbitration and also to participate in events dedicated to other disciplines adjacent to corporate law.

As regards banking and financial matters, with the premise that Legislative Decree No. 28/2010 introduced mandatory mediation into our legal system, the Department has set as a specific objective to monitor the operations and decisions of the Securities and Financial Ombudsman (Arbitro per le Controversie Finanziarie – ACF), which has been operating since 9 January 2017 as provided under Legislative Decree No. 130/2015 in furtherance of EU Directive No. 2013/11/EU, and of the Banking and Financial Ombudsman (Arbitro Bancario Finanziario – ABF), an alternative dispute resolution scheme for disputes between customers and banks and other financial intermediaries as per art. 128 of the Consolidated Banking Act (TUB).

MEMBERS

Mario Paccoia – Coordinator

Giulia CoffaniMario Sergio Dusi – Valentina Farenga – Francesca Petronio – Roberto Pozzi – Ferruccio Papi RossiEmmanuele SerlengaMaria SpataroSilvia Vanoni

DESCRIZIONE

L’Arbitrato societario è previsto e disciplinato dagli artt. 34, 35 e 36 del D.Lgs 17.1.2003 n. 5, quale Arbitrato speciale voluto appositamente dal legislatore per le controversie in materia societaria e sul presupposto della presenza di una clausola compomissoria nello statuto societario. Il Dipartimento si ripropone di mantenere un costante aggiornamento sulle evoluzioni giurisprudenziali in merito alla compromettibilità delle controversie in materia societaria e di operare anche attraverso la partecipazione ad eventi in altre discipline tangenti all’ambito Societario.

Fino ad oggi numerosi sono stati gli interventi ed i contributi dei Soci di Arbitrando in materia di Arbitrato societario in seminari e convegni (si veda sezione “Eventi e Convegni”).

COMPONENTI

Stefano A. Piccardo – Coordinatore
Mario Paccoia – Luisanna Biasotto – Barbara Bonfanti PalazziValentina FarengaFerruccio Papi RossiDaniela Parisi

DESCRIPTION

Both amateur and professional sports are governed by their own laws and regulations. Therefore, there exist specific norms, institutions and practices of which one needs to be cognizant. Some members of Arbitrando, also based on their previous experience, decided to study the matter in depth, so that use of arbitration in this industry may increase both in quality and quantity.

Specific focus will be bestowed on federations with a large number of members, since they could potentially originate a larger number of disputes.

In October 2017, Arbitrando and the Associazione Medico-Sportiva Dilettantistica di Milano (Milan Amateur Medical and Sports Association) organized a joint conference on sports arbitration at the Lombardy headquarters of CONI (Italian National Olympic Committee.

MAMBERS

Gianluca Bona– Coordinator

Alessandro Bossi – Federica Costa – Matteo Masiello.