Mauro Rubino-Sammartano
Name: Mauro Rubino-Sammartano
Firm Name: LawFed BRSA
Country: Italy
Practice Area: Commercial Arbitration


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Professional Biography:

Education

Juris Doctor, Catholic University of Milan (J.D., 1958)

Teaching

Visiting Professor on commercial arbitration law at the University of Milan (1997-1998) and at the University of Padua (2003-2004 and 2005-2006)

Lecturer on international arbitration at the University of Padua (1987-1989)

            Organisation and teaching at courses on arbitration

            Regular lecturer on arbitration

Admittance at Bars as Counsel

Milan Bar (1961)

Italian Court of Cassation (1975)

Paris Bar (1986)

Associate Tenant of Littleton Chambers, London, as an international arbitrator

Honorary Member of the Istanbul and of the Sofia Bar

Arbitration Roles

Chartered Arbitrator, FCIArb

Chairman of the European Court of Arbitration

Chairman of the Mediation Centre of Europe, the Mediterranean and the Middle East

Chairman of the International School of Arbitration and Mediation of the Mediterranean and the Middle East

He sits as chairman, or sole arbitrator, or member of arbitral tribunals in commercial and investment arbitrations.

Approach to Arbitration

His role as an arbitrator is focused on aiming to understand the parties by creating a constructive dialogue, on ensuring that they have the possibility to prove their case and on taking into account the need that the case be decided in a balanced way and in a short time.

Offices held

President, European Court of Arbitration

Honorary Investment Counsellor of Pakistan for Italy

Président d’Honneur, Union Internationale des Avocats (UIA)

Chairman Emeritus, International Committee of the Milan Bar

Président d’Honneur, Association Internationale des Juristes de langue Italienne

Honorary President of the European Society for Construction Law 

Founder of the Italian Society for Construction Law

Co-Editor of Foro Padano

Council Member, International Bar Association (IBA)

Previous Offices

Recorder of Desio, 1964-1969

Deputy Judge (Court of Monza)

Honorary Consul in Milan of the Islamic Republic of Pakistan

Chairman of SBL’s International Sales and Related Commercial Transaction

SBL Council Member

Member, IBA Publication Committee

IBA Deputy Secretary General for Southern Europe (appointment not served, due to a simultaneous nomination as President of Union Internationale des Avocats, an office which has been held)

Chairman, The Mediterranean and Middle East Institute of Arbitration

President of the European Society for Construction Law

Chairman Emeritus, IBA’s International Construction Projects

Secretary-General Emeritus of the Federation of European Bars

Honours

Grand Cross (Order of the Merit, Portugal)

High Officer (Order of the Merit, Italy)

Cross of Honour (Order of St. Ramon, Spain)

Grand Silver Decoration of Honour (Austria)

Ordem del Derecho, Colombia

Practice Areas

Contract law

International arbitration and litigation

Construction

Mergers and acquisitions

Sales of goods

Major tort issues

Languages

English

French

Italian

Books

International Arbitration: Law and Practice, Juris, 3nd ed. 2014

Appalti d’Opere e Contratti di Servizi (Construction Contracts and Contracts for Services), Cedam, 3rd Ed. 2006

Il Diritto dell’Arbitrato, (Arbitration Law), Cedam, 6th Ed. 2011

Arbitrato, Conciliazione e ADR” (Arbitration, Mediation and ADR), Zanichelli, Ed. 2009

Warranties in Cross Border Acquisitions”, (Gen. Ed.) Graham & Trottman, London, 1994

Public Policy in Transnational Relationships” (Co-Gen. Ed.) Kluwer, 1991

The Section on Italy of “Practitioner’s Handbook on International Arbitration, (Weigand Ed.) Oxford University Press, 2009

The Part on Civil Procedure in Italy of “World Litigation Law and Practice”, (Ed. Myrick) Matthew Bender, New York, 1985

Drafting and Enforcing Contracts in Civil and Common Law Jurisdiction” (Gen. Eds. K. Yelpaala, M. Rubino-Sammartano and D. Campbell) Kluwer, 1986

Bibliographical Dictionary of the Library of the Milan Bar”, Milan, Giuffré, 1970.

Articles

European Court of Arbitration’s Appellate Arbitral Proceedings, Getting the Deal Through – Arbitration 2017, 30

The Role of the Engineer – Myth and Reality, Transnational Dispute Management, 2017, Vol. 14, issue 2

The Arbitrator’s Pledge Launched by the European Court of Arbitration, ARIA, 2015, Vol. 26, no. 4, 599.

A Continuous Search for New Horizons, ARIA, 2012, Vol. 23, no. 2, 335

Investment Arbitration – Substantive and Procedural Issues in Investments, Yearbook on International Arbitration, Vol. II, 2012, Roth/Geistlinger (gen. ds.), NWV Vienna

Prejudging in international arbitration: danger or excuse?, Yearbook on International Arbitration, 2010,Vol. 1

The Procedural Rule: from instrument to obstacle to justice, Foro pad. 2010, 3

Third Generation Arbitration, The American Review of International Arbitration, 2010, Vol. 20, No. 4, 513.

The Fall of a Taboo – Review of the Merits of an Award by an Appellate Arbitration Panel and a Proposal for an International Appellate Court, J. Int. Arb. 2003, 20(4), 387-392

Substantive and procedural issues (and perspectives) in investment disputes, International Arbitration: Law and Practice, 2nd edition Kluwer, 2001

Performance Bonds” in “International Business Transactions”, (Eds. Campbell and Proksch), Kluwer, 1988

Lack of Conformity and Various Reliefs in Sales of Moveable Goods to Italy” in “Survey of the International Sale of Goods” (Eds. Campbell, Lafili and Gevurtz) Kluwer, 1985

Commercial Agency in Italy” in “Rights and Liabilities in Commercial Agency”, Kluwer 1984

Commentary in “Defects, Delay, Prices and Subcontracting in Civil Law”, in “Selected Problems of Construction Law: International Approach”, University Press, Fribourg, 1983

The Channel Tunnel and the Tronc Commun Doctrine, J. Intl. Arb., 1993, Vol. 10, No. 3

Amiable Compositeur (Joint Mandate to Settle) and Ex Bono et Aequo, J. Intl. Arb., 1992, Vol. 9, No. 1

Is Arbitration to Be Just a Luxury Clinic?, J. Intl. Arb., 1990, Vol. 7, No. 3

An International Arbitral Court of Appeal as an Alternative to Long Attacks and Recognition Proceedings, J. Intl. Arb. 1989, 181

International and Foreign Arbitration, J. Intl. Arb. 1988, Vol. 5, No. 3

Third Generation Arbitration. Appeals to a New Panel Within Arbitration Proceedings?, J. Intl. Arb. 1987, Vol. 4, No. 1

The Keban Arbitration, The Arbitration Journal, 1980, 241

The role of the Engineer, Myth and Reality, International Business Lawyer, 81 (1986)

The Civil Law Approach to Evidence, The Arbitration Journal, 331 (1983)

International Construction Agreements-Employer’s Breach and Consequent Right of the Contractor to Withhold Delivery on Site, Intl. Bus. Law., 1943 (1983)

International Construction Agreements, Extent of the Owner’s Interference and case Where the Agreement Become Null and Void, Intl. Bus. Law., 457 (1981)

 

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