Litigation & Arbitration

Commercial litigation, arbitration, ADR

What we do

Commercial and contractual litigation before ordinary courts (Tribunals, Specialised Business Sections)
Domestic and international arbitration (Milan Chamber of Arbitration, ICC, LCIA, UNCITRAL ad hoc)
Corporate litigation (challenge of resolutions, directors' liability, derivative action, shareholder withdrawal)
Banking and finance litigation (liability for investment services, compound interest, derivatives, credit facility disputes)
Regulatory litigation (appeals against measures by CONSOB, Bank of Italy, IVASS, Italian Data Protection Authority before the TAR Lazio)
ADR and mediation (procedures under D.Lgs. 28/2010, assisted negotiation, ABF and ACF dispute resolution systems)
Post-M&A litigation on representations and warranties, indemnities and earn-out

Service pillars

Commercial and contractual litigation

Defence in proceedings before the Specialised Business Sections, litigation on complex contracts (supply, distribution, licences, IT, M&A). Injunctions, attachments, preliminary technical assessments, court-appointed (CTU) and party-appointed (CTP) technical consultations. Litigation strategy integrated with transactional teams.

Arbitration

Counsel in domestic (Milan Chamber of Arbitration, Bar Chamber of Arbitration) and international (ICC Paris, LCIA London, UNCITRAL ad hoc) arbitration. Drafting of arbitration clauses, selection of the arbitral tribunal, management of phases (terms of reference, document production, hearings), exequatur of the award, opposition to recognition of foreign awards.

Corporate litigation

Challenge of shareholders' and board resolutions under arts. 2377-2378 IT Civil Code, directors' derivative action (art. 2393 IT Civil Code), individual and minority action, shareholder withdrawal under art. 2437 IT Civil Code, abuse of majority and minority, complaint to the Court under art. 2409 IT Civil Code.

Banking and finance litigation

Litigation on bank liability for investment services (art. 23 TUF, suitability and appropriateness rules), invalidity of OTC derivative clauses, compound interest, disputed credit facility revocations, enforcement of guarantees. Proceedings before the Banking and Financial Ombudsman (ABF) and the Financial Disputes Arbitrator (ACF).

Regulatory litigation

Appeals against CONSOB and Bank of Italy sanctioning measures before the civil Court of Appeal (so-called opposition under art. 195 TUF). Appeals to the TAR Lazio against sectoral authority measures (CONSOB authorisations, IVASS, AGCM, Data Protection Authority, AGCom). Appeal to the Council of State.

ADR and conciliation procedures

Mandatory mediation procedures under art. 5 D.Lgs. 28/2010 in banking, financial, insurance, corporate matters. Assisted negotiation under L. 162/2014. Proceedings before the ABF (Bank of Italy) and ACF (CONSOB) for disputes with consumers and retail clients.

Post-M&A litigation

Disputed claims for breach of representations and warranties under SPA, enforcement of escrow and bank guarantees, challenge of earn-out and price adjustment. Drafting of arbitration claims, coordination with accounting experts and sectoral surveyors, management of sub-procedures (e.g. expert determination on NWC adjustment).