March 2022

Massimo Benedettelli contributed to the drafting of the first commentary on the arbitration principles contained in the delegation law no. 206 of 21 November 2021, art. 1, paragraph 15, analyzing (and, where necessary, criticizing) letter d) of the same paragraph dealing with the need to “foresee, in the case of a decision to be given in accordance with the law, the power of the parties to indicate and choose the applicable law“.

The work, coordinated by Antonio Briguglio and written in collaboration with other renowned authors, will be published in the next issue of the Rivista dell’Arbitrato and is available in preview at the following link: https://www.judicium.it/commento-ai-principles-in-matter-of-arbitration-of-the-law-of-delegation-n-206-of-21-November-2021-art-1-c-15 /

In the context of the 6th ICC European Conference on International Arbitration held in Paris, on March 28, 2022, our partner Massimo Benedettelli – in his capacity of Member of the ICC International Court of Arbitration – chaired a session titled “Are you making the most of your dispute resolution clause? Are you making the most of everything ICC DRS’ offering?”.

The panel, composed of Bernard Hanotiau, Marion Smith QC, Flávio Spaccaquerche Barbosa and Elina Zlatanska, discussed the evolution of dispute resolution clauses over the past 10 years with an eye to ICC DR’s tools, and focused in particular on samples of “bad” clauses, on the inclusion of ADR in arbitration agreements, on the failure to comply with multi-tier dispute resolution clauses, and on accelerated procedures.