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2 clusters · 4 sources · 8 days · First seen · Last updated
Italian Court of Cassation corporate law rulings
Overview
The Italian Court of Cassation has issued rulings clarifying legal procedures regarding corporate identity and dispute resolution.
In one decision, the Court ruled that a company incorporated into another remains capable of independent judicial liquidation if a request is made within one year of the merger. The Court noted that such a company retains its “subjective identity and legal capacity to stand in court” for that period, even if the incorporating company has already undergone liquidation.
In a separate judgment, the Court addressed international arbitration, ruling that the articles of association of an Italian-law company may validly provide for foreign-seated arbitration. The Court established that while the procedural rules of a foreign seat may apply, the arbitration must still adhere to the substantive requirements of the “lex societatis,” including mandatory rules regarding the appointment of arbitrators by external parties.
Entities
Italian Supreme Court of Cassation · Ferretti S. p. A. · Tribunale di Perugia · Tribunale di Roma · Corte di Cassazione
Timeline
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19 days ago
[BUSINESS] 2 sourcesItalian Supreme Court allows foreign-seated arbitration for Italian companiesThe Italian Supreme Court of Cassation ruled that Italian companies can validly use foreign-seated arbitration for corporate disputes, provided they meet specific substantive legal requirements.
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27 days ago
[BUSINESS] 2 sourcesItaly's Court of Cassation rules on judicial liquidation of incorporated companiesThe Italian Court of Cassation ruled that an incorporated company can face independent judicial liquidation within one year of a merger, even if the incorporating company is already in liquidation.
Sources
acerislaw.com · animalreference.com · business.laleggepertutti.it · unijuris.it