Firm Name: LawFed BRSA
Jurisdiction: Italy
Practice Area: Commercial Arbitration Law
3 King's Bench Walk
North Temple,
London, EC4Y 7HR
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Professional Biography:
Education
Juris Doctor, Catholic University of Milan (J.D., 1958)
Teaching
Lecturer at the University of Padua (2003-2004 and 2005-2006)
Visiting Professor on commercial arbitration law at the University of Milan (1997-1998)
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
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
“Arbitrage International. Droit et Pratique, Bruylant, 4th edition, 2019″ (In French on International Arbitration)
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
Second (Quasi Perfect ?) Storm Also in Arbitration ? Journal of International Arbitration, 34, no. 6 (2017), pp. 925–934
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)
