International Arbitration

Neutrality, enforceability, finality and privacy are the main reasons that arbitration is the preferred choice of multinationals and SMEs alike for the resolution of international disputes.

However, its highly complex nature demands highly skilled legal expertise and that’s exactly what we offer.

We have dealt with over 200 different types of international arbitration proceedings, ranging from cases against public administrations for investment-related matters, right the way through to virtually every type of contractual, corporate and commercial dispute that can arise between companies of different nationalities.

We assist clients directly in the countries they operate in and have handled international arbitrations in a range of languages (e.g. English, French, Spanish) under various rules (ICC, LCIA, ICSID, SCC, CRCICA, DIAC), national laws and legal systems, in Africa, America, Europe and the Far and Middle East.

However, the excellence of our international arbitration team is not just based on their ability to handle cases under the various arbitration rules, but also on their in-depth knowledge of the various legal systems and business sectors. In fact, they also boast unparalleled expertise in international construction contracts, mergers and acquisitions, joint ventures, corporate law, telecommunications, energy, and the full spectrum of commercial contracts.

 

Here’s what sets us apart

  • The figures speak for themselves: we have handled over 200 international arbitrations (including 80 ICC and 15 ICSID cases), defending our clients under more than 50 different national laws
  • We have actively contributed to the development of international arbitration caselaw: a number of our innovative interpretations and constructions of law provisions were not only breakthroughs  but have also become precedents that are unanimously recognised and cited internationally
  • We are the only firm in Italy to have a dedicated international arbitration team of 20 professionals from different countries, who are authorised to practice in various jurisdictions and are internationally renowned both professionally and academically

 

Learn about our Focus Teams.

Insights

The UAE reforms its arbitration law - 19 December 2023

The UAE has recently introduced a significant reform to its arbitration law aimed at making international arbitration in the UAE more efficient, flexible, and attractive to domestic and international companies. Our Dubai Team and

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ICSID Releases Its 2023 Annual Report - 9 November 2023

The ICSID released its 2023 Annual Report (FY 2022–23) on 13 October. Our International Arbitration Focus Team look at some of the key topics addressed and analyze caseload trends compared to the previous fiscal y …

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A New Code of Conduct for Arbitrators in Investor-State Disputes - 10 October 2023

The United Nations Commission on International Trade Law (UNCITRAL) adopted the Code of Conduct for Arbitrators in International Investment Disputes during its 56th annual session at the end of July. The code was drafted jointly with the International Centre for Settlement of Investment Disp …

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Enforcement of intra-EU awards outside the EU - 2 August 2023

Following the 2018 Achmea judgment issued by the EU Court of Justice, which declared investor-State arbitration clauses in bilateral investment treaties between EU Member States to be incompatible with EU law, the application of the Achmea, Komstroy and PL Holdings judgments by the national cou …

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Is the tide changing for foreign investors in Colombia? - 21 March 2023

Colombia’s newly elected president has taken measures that may have a direct negative impact on foreign business in the country. Our International Arbitration Focus Team provide a short overview on the changing la …

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The 2022 Overhaul of the Italian Arbitration Law - 10 January 2023

On 18 October 2022, Legislative Decree No. 149/2022, containing provisions modernizing the regulation of ADR tools in Italy entered into force. The Decree ushers in several material innovations to the Italian Arbitration Act and succeeds in correcting the most serious deficiencies of the Ita …

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The relevance of anti-suit injunction - 22 November 2022

In cross border disputes framework, sometimes parties bring their grievances to domestic courts, in contravention of their arbitration agreement. One of the avenues to compel parties to respect their arbitration agreement is an “anti-suit injunction”, which seeks to restrain a party from …

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US Supreme Court on Discovery: private international arbitrations do not qualify as foreign or international tribunals under Section 1782 of the U.S. Code - 24 June 2022

On 13 June 2022 a long-awaited ruling of the U.S. Supreme Court decided that private adjudicatory bodies do not count as “foreign or international tribunals” under Section 1782 of the U.S. Code, not even where a sovereign is a party. The U.S. Supreme Court ruled that the test to be carri …

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ICSID has amended its Rules - 19 April 2022

On 21 March 2022, the ICSID Member States approved wide-ranging amendments to the ICSID Institution Rules, Arbitration Rules and the Additional Facility Rules, which will come into effect on 1 July 2022. The new rules aim to streamline procedures improving efficiency, increasing transparency, a …

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The Ever Given casualty: ripple effects, litigation and arbitration - 28 January 2022

Although the Ever Given casualty caused a six-day obstruction of the Suez Canal in March 2021, its disruptive effects on global trade go far beyond the (relatively) limited duration of such event. Claims arising from the casualty may have different cause of actions and involve many operators, f …

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Initial comments on the arbitration reform - 20 December 2021

On December 9 the framework law to reform  civil proceedings was published in the Official Gazette. Some of the proposed changes introduced in the world of arbitration, such as granting arbitrators powers to order interim relief, are of historic importance, whilst others appear less significan …

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UK Supreme Court confirms rift between England and France on law governing arbitration agreements - 26 November 2021

In the absence of an express choice of law governing arbitration agreements, which law applies and why does it matter? The UK Supreme Court recently dealt with this question in the Kabab-Ji case and reached a different conclusion than the French Court of Appeal. Our

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Two more nails in the coffin of investment arbitration in the EU - 11 November 2021

Two recent decisions by the Court of Justice of the EU confirm the doctrine of incompatibility of investment arbitration with EU law and expand its scope to arbitral proceedings based on ad hoc arbitration agreements and multilateral treaties. Our

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The new Ethiopian Arbitration and Conciliation Working Procedure under Proclamation No. 1237/2021 - 17 September 2021

Up until publication of the Proclamation to Provide For Arbitration and Conciliation Working Procedure, alternative dispute resolution (ADR) – more specifically, arbitration – in Ethiopia lacked a detailed procedure and implementation mechanism. The newly introduced proclamation addresses/a …

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Waiting for the much-desired Supreme Court’s clarification of Section 1782 discovery applications in international commercial arbitration - 17 May 2021

The discovery application in private international arbitration, as provided for under Title 28 of the U.S. Code, Section 1782, has been debated in US Federal Courts, with conflicting decisions from the Circuit Courts. The clarification from the U.S. Supreme Court in Servotronics Inc. v. Rolls-R …

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“Ever Given” casualty - so, what’s next? - 2 April 2021

The Vessel has been refloated after six days of salvage operations and the traffic related to the Canal of Suez is expected to resume on a regular basis shortly. However the prolonged blockage of the Canal will require a careful consideration of the interests at stake. This case may well inv …

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ICC Arbitration Rules 2021 - 12 December 2020

New Arbitration Rules of the ICC will enter into force on 1 January 2021 and will apply to proceedings commenced after that date. The 2021 Rules reflect the most recent trends in the industry (e.g., transparency, the digital transition, flexibility and streamlining of the proceedings), witho …

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Covid-19: impact on construction companies’ arbitrations - 16 June 2020

In the current Covid-19 scenario dispute finance can be a useful alternative to corporate finance tools. Government-imposed shutdowns are having serious financial implications for construction companies involved in international projects. Managers are having to choose between competing prio …

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The United States, Mexico and Canada Agreement (“USMCA”) - 9 June 2020

With the conclusion of the ratification process, the United States Mexico and Canada Agreement (USMCA) is set to enter into force on July 1, 2020.  The USMCA, replacing the NAFTA, will notably limit the scope of using arbitration to resolve investment disputes to those concerning violation of …

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Maritime disputes and arbitration during Covid-19: current trends and future prospects - 30 April 2020

Which is the impact of the COVID-19 emergency in international arbitration? Our Shipping & Transport Focus Team and International Arbitration Focus Team give an overview of the measures adopted by the arbitral institutions, including those specialized in maritime disputes, to facilitate …

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Covid-19: the world is on hold, but what about arbitration? - 14 April 2020

The whole world is facing unprecedented challenges due to the COVID-19 pandemic. International arbitration is no exception. Our Focus Team International Arbitration addresses some questions that practitioners and clients may have in respect of ongoing arbitration proceedings and/or commencin …

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Latest from the US - 2 April 2020

Recent US cases regarding discovery and challenges of award deserve attention. Our International Arbitration Focus Team comments US decisions on: Discovery under Section 1782 admitted for commercial arbitration The extraterritorial reach of discovery under Section 17 …

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Ethiopia ratifies the 1958 New York Convention on Recognition and Enforcement of Foreign Arbitral Awards - 12 March 2020

The worldwide-known New York Convention has been recently ratified also by Ethiopia. This is a significant step forward in Ethiopia’s path towards a more arbitration-friendly environment and a fundament tool which will strength international business in the country. With its basic and e …

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The ICSID Rules Amendment Proposals #3: a good chance to increase consensus? - 30 October 2019

On 16 August 2019, ICSID issued for the third time its proposals for amendment of its rules. The proposals aim to respond to the main challenges and criticism of the ICSID system in the last decades, such as those relating to transparency in the conduct and outcome of proceedings, disclosure …

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Going beyond Trump’s wall: the extraterritorial reach of Section 1782 to discovery - 18 October 2019

In a recent decision dated 7 October 2019 (In re del Valle Ruiz, 2019 WL 4924395), the U.S. Court of Appeals for the Second Circuit held that a Federal Court pursuant to 28 U.S.C. § 1782 may order a party within its jurisdiction to produce documents located outside of the United State …

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The revised Milan Chamber of Arbitration Rules: Leading the way in arbitral procedure - 19 July 2019

On 1 March 2019, the Milan Chamber of Arbitration issued its revised Rules on Arbitration, which apply to all proceedings commenced after that date. The CAM Rules seek to incorporate the innovations that have emerged in the last decade, raising the CAM’s profile in the competitive arbitrat …

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Does the substantive law matter in international arbitration? - 21 June 2019

Our International Arbitration Focus Team discusses about aspects of the arbitrators’ decision makings process, with particular focus on the law applicable to the merit of the case and on the legal concepts in the head of arbitrators. Listen to our point of view and watch the video of the e …

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The Prague Rules: wind of change? - 1 April 2019

The Prague Rules represent an alternative to the IBA Rules on the Taking of Evidence in International Arbitration. They aim at reducing time and costs of international arbitration. Our International Arbitration Focus Team in Milan discussed in a seminar with leading arbitration practitioners …

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Why arbitration is becoming the preferred dispute resolution method in the luxury industry? - 21 March 2019

Luxury and fashion companies are often involved in cross-border operations and disputes arising from such transaction are therefore likely to involve companies from different jurisdictions. A smooth management of such disputes is paramount also to preserve commercial relationship with the diff …

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US Supreme Court: renewed support for Arbitrators to decide Arbitrability - 9 January 2019

On January 8, 2019 the United States Supreme Court issued a ruling whereby it stated that arbitral tribunals are competent to evaluate whether a claim is "arbitrable", regardless of whether the basis for arbitration is grounded or not. Our International Arbitration Focus Team analyses

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Quantification of damages in commercial arbitration: mission impossible? - 11 December 2018

Quantification of damages in commercial arbitra …

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EAIAC 2018: The Implications of Regional Investment Arbitration - 17 October 2018

On 30 August 2018 Laurence Shore, spoke at the 2018 East Africa International Arbitration Conference, which took place in Addis Ababa, Ethiopia. The topic of his presentation was “Towards Regional Investment Arbitration?” in Africa. He addressed three main issues concerning investor-sta …

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Achmea: the future of investment arbitration in Europe - 18 July 2018

The European Court of Justice’s controversial judgment in Achmea v Slovak Republic has cast serious doubt on the continued viability of arbitration under intra-EU bilateral investment treaties. In an interesting webinar available here, our four i …

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Third Party Funding: a useful tool to know in international arbitration - 4 July 2018

The funding of arbitration by a litigation funder on a non-recourse basis is a tool that can give companies access to massive amounts of capital and it can be tailored to meet the specific needs of the client. On 15 May 2018, BonelliErede held a seminar on TPF in international arbitration, d …

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Caught in the “Crossfire”: quantum calculations in international arbitration - 27 March 2018

One of the primary challenges that arbitral tribunals face is the quan …

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News

BonelliErede strengthens its ranks in London: Richard Samuel joins the international arbitration practice

BonelliErede has announced the addition of Richard Samuel to the firm’s London office. Samuel, who joins the international arbitration team from 3 Hare Court Chambers, is a barrister with almost 30 years’ experience, above all in arbitration proceedings. Besides extensive experience in the …

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BonelliErede expands its partnership: six new partners announced

On 17 December, BonelliErede’s partners’ meeting approved the promotion to partner of six of the firm’s managing associates: Livia Cocca, Francesco Casamassa, Gianpaolo Ciervo, Daniele Gambirasio, Giulio Mazzotti and Giovanni Minuto. Livia Cocca joined BonelliErede’s Milan office in 200 …

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BonelliErede: two new of counsel to boost the firm’s presence in Africa and the Middle East

BonelliErede welcomes Calvin Walker and Ezequiel Sanchez Herrera – who both boast outstanding international backgrounds. Calvin, former partner and global head of Baker McKenzie’s project finance dept (2009–2019) and partner at Allen & Overy (1998–2009), has over 25 years’ project …

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