Monthly News

Class action – risks to companies and perspectives

On April 3rd 2019 the Parliament approved a bill on class action, that significantly extends the previously existing class action mechanism. From 2020 on, every party claiming to have suffered a damage by either a company’s or a public body’s behaviour,  will be entitled to act for damages ...

Simplified order for payment procedure - The new proposal in favor of the creditor party

In spite of recent years rise of ADR instruments adoption, the Draft Law no. 755/2018 purpose is rather oriented to innovate an existing Judicial instrument, i.e. Italian order of payment, in the aim of affording creditors with alternative, but more effective proceeding which shall be closer to ...

Flavor and copyright: an intriguing but not plausible couple

The Court of Justice of the European Union, with the ruling of last November 13 (C-310/17), had the chance to clarify that, the taste of a food product cannot be protected by copyright. With the decision at hand, rendered on the basis of the request for a preliminary ruling of the Court of Appeal...

Drafting smart contracts: professional skills and liabilities involved

The recent interest developed around the phenomenon of the so-called smart contracts, did not fail to highlight how in the face of the great potential offered by this newly-developed tools there is indeed a great confusion about the nature of the same. In fact, we ask ourselves if smart contracts...

Arbitral award, arbitration clause and challenge: Court of Law no. 13/2018

After the intervention of the United Sections of the Court of Cassation, with the so called twin judgments of May 2016, the Constitutional Court was asked to requested to determine if the rules regarding the challenge of arbitral awards and its consequences have, in relation to the amendment of ...

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