When a legal relationship involves more than one legal system, the first question is not the merits but the framework: which court or arbitral tribunal has jurisdiction, which law applies, and where and how the decision can be enforced. The Firm approaches every dispute from these three questions.
Jurisdiction and applicable law. In relationships with a foreign element the Firm applies Law 218/1995 reforming Italian private international law and, within the EU, Regulation 1215/2012 (Brussels I recast) on jurisdiction, the Rome I (593/2008) and Rome II (864/2007) Regulations on the law applicable to contractual and non-contractual obligations, the 2007 Lugano Convention and the 2005 Hague Convention on Choice of Court Agreements.
International arbitration. The Firm advises on drafting arbitration clauses, on choosing the seat, rules and language, and on conducting institutional proceedings (ICC, LCIA, Milan Chamber of Arbitration) or ad hoc proceedings under the UNCITRAL Rules. On the merits of international contracts, the Vienna Convention on the International Sale of Goods (CISG) and the UNIDROIT Principles are often relevant.
Enforcement. Judgments from EU Member States circulate without exequatur under Regulation 1215/2012; judgments from third States fall under articles 64 et seq. of Law 218/1995 and, where in force, the 2019 Hague Convention. Foreign arbitral awards are recognised in Italy under the 1958 New York Convention and articles 839-840 of the Code of Civil Procedure.
International successions. EU Regulation 650/2012 makes the law of the deceased’s habitual residence the general rule, allows a choice of the law of nationality (professio iuris) and introduces the European Certificate of Succession.
