EXPERIENCE

We can rely on our partners’ extensive experience in domestic and international arbitration and litigation, as well as in many other areas of practice acquired in their previous firms (see Our Team).

We have acted as counsel or arbitrators under a variety of applicable laws and arbitration rules, including those of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the Swiss Chambers’ Arbitration Institution, the Danish Arbitration Institute, the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), the Cairo Regional Centre for International Commercial Arbitration, the Milan Arbitration Chamber, The Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania (CCIR), UNCITRAL, the International Centre for Settlement of Investment Disputes (ICSID), the European Development Fund (EDF) and the Court of Arbitration for Sports (TAS/CAS), and in different seats.

We have a very significant expertise in investor-State arbitrations, having acted in many arbitrations of this kind, including for the successful claimant in the well-known Saipem S.p.A. v. The People’s Republic of Bangladesh (ICSID Case No. ARB/05/07), which for the first time recognized that the interference with arbitral proceedings by state courts can amount to a violation of international law and of a bilateral investment treaty.

In 2016 Luca Radicati di Brozolo has been appointed by the Republic of Italy to the ICSID Panel of Arbitrators.

In addition to international arbitration, the litigation department of the firm, led by Professor Marco Torsello, has handled many types of complex court proceedings, and advised on litigation tactics and many other issues directly or indirectly bearing on pending or envisaged litigation.

Our experience covers a broad range of areas of law (public and private international law, civil law, commercial law, antitrust law, European Union Law, liberalizations and privatizations, distribution, M&A, bank guarantees, intellectual property and sports law) and a large variety of industry sectors (construction, defense, telecommunications, energy, insurance, banking, fashion, sports).

Our partners’ most significant recent and current activity includes

COUNSEL FOR

  • Photovoltaic investors from different countries in several UNCITRAL arbitrations against East-European State for violation of various BITs and the ECT
  • Two groups of Italian bondholders in ICSID arbitrations against the Republic of Argentina (Ambiente Ufficio and others v. Argentine Republic, ICSID Case No. ARB/08/9, and Giovanni Alemanni and others v. Argentine Republic, ICSID Case No. ARB/07/8)
  • Consortium of construction companies in two arbitrations against African State entities under EDF Rules
  • Consortium of construction companies before a DAB and in ICC arbitrations against foreign sovereign entity under a FIDIC contract
  • Defense contractor in ICC arbitration on the development of advanced armament systems
  • Telecom network equipment supplier in ad hoc arbitration involving novel and highly complex competition law issues
  • Investor in ICSID proceedings arising from unlawful interference in arbitration by the courts of the seat (Saipem v. People’s Republic of Bangladesh, ICSID Case No. ARB/05/07)
  • Dutch and Belgian investors in ICSID arbitration against Egypt relating to the dredging of the Suez Canal (Jan de Nul N.V. and Dredging International N.V. v. Arab Republic of Egypt, ICSID Case No. ARB/04/13)
  • Italian investor in ICSID arbitration against Georgia in relation to an investment in a pipe plant (Ares International S.r.l. and Metalgeo S.r.l. v. Georgia, ICSID Case No. ARB/05/23)
  • Leading Italian fashion group in ICC arbitration on the licensing of the brand for the production of luxury watches
  • Spanish company against railroad equipment manufacturer in ICC arbitration
  • Multinational personnel management services provider in ad hoc arbitration against former shareholders
  • Photovoltaic investors from different countries in six UNCITRAL arbitrations against the Czech Republic for violation of various BITs and the Energy Charter Treaty
  • Mexican subsidiary of an Italian engineering company in arbitration proceedings under the ICC Rules concerning a subcontract for the construction and supply of a component for a major steel producer in the U.S.
  • TIM Brazil against a Brazilian conglomerate in a post M&A dispute concerning the acquisition of a major Brazilian telecom provider
  • MajorS. insurance company against Italian agent
  • Brazilian distributor in ICC arbitration brought by an Italian manufacturer of motorcycles for the alleged breach of distribution agreement
  • Italian construction company in an arbitration against a Caribbean State entity under the EDF Rules
  • Italian engineering company in an ICC arbitration against a Greek construction company arising from a subcontract for the construction of a polypropylene plant in Greece
  • Consortium of Italian construction companies before a DAB and in CCIR and ICC arbitrations against a Romanian State Entity arising from a FIDIC based contract for the rehabilitation of a national road
  • Italian construction company before a DAB against a Moldavian State Entity arising from a FIDIC basedcontract for the rehabilitation of a national road
  • Construction company before a DAB against a public entity of Bosnia-Herzegovina arising from a FIDIC based contract for railway overhaul works

 

CHAIRMAN IN

  • Swiss Chambers Rules arbitration in commodities financing dispute
  • ICC arbitration on joint venture dispute involving European and Latin American parties
  • UNCITRAL arbitration crude oil purchases
  • Danish Arbitration Institute arbitration on insurance products distribution in Latin America
  • Milan Chamber arbitration on post M&A dispute
  • ICC arbitration on post M&A dispute
  • ICSID Arbitration between Mexican investor and the Republic of Colombia
  • LCIA Arbitration on dispute between major European airline companies
  • ICC Arbitration on agency contract between airport facilities’ supplier and a State company
  • UNCITRAL investment arbitration between U.S. citizen and Asian State
  • Danish Arbitration Institute arbitration on supply of marine engines
  • ICC Arbitration on construction project in Bahrain
  • ICC Arbitration on development and exploitation of oilfields in Europe
  • ICC Arbitration on a project for the construction of a waste-to-energy plant
  • UNCITRAL Arbitration on energy supply contract in Eastern European Country
  • ICC Arbitration between shareholders of African mobile telephone operator
  • ICC Arbitration on dispute over manufacturing of high-tech surgical equipment

 

SOLE ARBITRATOR IN

  • SCC arbitration in dispute involving competition law
  • ICC arbitration on post M&A dispute
  • ICC arbitration on sale and purchase agreement
  • Milan Chamber arbitration on service contract dispute
  • ICC arbitration on agency agreement

 

CO-ARBITRATOR IN

  • ICC arbitration between major Italian football team and leading sportswear manufacturer
  • ICC Arbitration on contract for the distribution of combustion technologies in China
  • ICC Arbitration in high value gas price review dispute
  • UNCITRAL arbitration under Energy Charter Treaty
  • ICC arbitration in aircraft components manufacture and supply dispute
  • ICC arbitration on post M&A dispute
  • Milan Chamber arbitration on construction of renewable energy plants
  • Milan Chamber arbitration in fashion industry dispute
  • Milan Chamber arbitration on contract for the publication and distribution of magazines
  • Milan Chamber arbitration on construction contract
  • ICC Arbitration on contracts for the lease and maintenance of telecommunications infrastructures
  • ICC Arbitration on long-term license and distributions contracts of paramedical products
  • Milan Chamber arbitration on challenge of financial statements of an Italian company
  • ICC Arbitration on contract for the construction of a wind park project in Italy

 

EXPERT

  • Designated by the ICC to decide two disputes on the allocation of generic Top Domain Level names under the new ICANN rules
  • Party appointed on a question of Italian law in ICC proceedings

REPRESENTING

  • Major U.S. insurance company in a dispute before the Court of Milan and the Italian Court of Cassation concerning the recusal of the chairman of two arbitration tribunals
  • Italian branch of a major US architectural firm before the Court of Rome against Italian construction company
  • Italian construction company on the abusive drawing of performance bond
  • Italian consortium of construction companies against the abusive drawing of advance payment bank guarantee
  • Iranian company in obtaining the enforcement of an international arbitration award against an Italian company before the Turin Court of Appeal
  • The bank of Kuwait before the Court of Milan in relation to a dispute on the calling of a performance bond issued in relation to an underlying EPC contract
  • Consortium of Italian companies before the Ethiopian Court of Cassation (with the assistance of local counsel) resisting a setting aside of an arbitration award
  • Italian construction company in a dispute before a Lebanese Court (with the assistance of local counsel) against Lebanese supplier
  • Utility in follow-on antitrust damages suit following a commitments decision of the Italian competition authority
  • Construction company in proceedings to prevent the abusive cashing of first demand guarantees by foreign State entities
  • Formula 1 team and an electricity importer in two interim proceedings and obtaining the rejection of applications for attachments relying on an innovative application of the Brussels I Regulation on jurisdiction and enforcement of judgments
  • Spanish company in proceedings for the setting aside of an international award
  • Italian company in cartel proceedings before the European Commission and then before the General Court of the European Union
  • Foreign service provider before the European Commission, the Court of Justice of the European Union, the Italian courts and the Italian competition authority in relation to Italian legislation in violation of the freedoms to provide services and of establishment

 

ADVISING

  • Italian engineering company on settling a dispute relating to the construction of two hydroelectric plants in Guatemala
  • Italian company on settling a dispute over a EDF contract for the supply of goods to African State entity
  • Italian branch of a majorS. architectural firm on negotiations over dispute with its mother company
  • Italian company on its defense strategy in a threatened follow-on antitrust damages suit in a foreign court and assisting in settlement
  • Director of a foreign subsidiary of an Italian company in settlement negotiations with the trustees in bankruptcy of the Italian parent company
  • Foreign client on issues relating to proposed attachment of foreign yacht in Italian territorial waters
  • Private clients in multijurisdictional family dispute involving, inter alia, a possible ad hoc arbitration on the relations between a foundation, its members and third parties
  • Group of professionals on possible actions before the Italian courts, the European Commission and the Italian Competition Authority in relation to the European Union and competition law aspects of activities covered by members of reserved professions

 

PARTY APPOINTED EXPERT

  • Before the UK High Court of Justice on matters of private international law in relation to a dispute on derivatives involving banks and Italian public entities
  • Before French and US courts on matters of arbitration law, as well as on matters of European Convention on Human Rights
  • Before Australian court on arbitrability of competition law claims
  • Before Swedish court in setting aside action against award involving competition law
  • Before the court of Delaware (USA) on matters of contractual and pre-contractual liability governed by Italian law