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ArbitralWomen members regularly publish articles in highly-regarded legal and ADR journals

Garanzie autonome nei contratti internazionali e giurisdizione cautelare

  • Publication Name: Blog
  • Publication Name Index: Blog

The article discusses several disputes involving the enforcement of demand guarantees provided by Italian contractors to public entities in European countries. Italian companies initiated precautionary proceedings in Italy to inhibit the enforcement or payment of these guarantees and counter-guarantees.

The document examines two orders from the Rome Court and one from the Milan Court, which excluded the jurisdiction of Italian courts in relation to the precautionary requests concerning the main guarantees. One of the Rome Court's orders was appealed, and the Court also excluded Italian jurisdiction concerning the counter-guarantees. A subsequent order of the Rome Court reached the same result.

This new approach represents a shift from the traditional position on the existence of Italian jurisdiction and aligns more closely with the principles established by the European legislator in Regulation 1215/2012, concerning jurisdiction, recognition, and enforcement of decisions in civil and commercial matters.