LITIGATION

Our court litigation practice is led by Marco Torsello.

 

We routinely handle complex domestic court proceedings in civil and commercial matters and advise on litigation tactics, as well as on a wide range of issues directly or indirectly bearing on pending or envisaged litigation.

 

  • Civil and commercial litigation

 

Leveraging on our extensive experience in handling cross-border disputes, we represent foreign and Italian clients before first instance and higher Italian courts in all types of civil and commercial litigation in ordinary and summary proceedings. Our broad litigation practice includes most types of commercial contracts, corporate litigation, IT/IP-related litigation, unfair competition, antitrust, procurement and construction projects, insolvency, professional and medical malpractice and product liability, climate-change related litigation, recognition of judgments.

 

  • Multi-jurisdiction litigation management

 

We represent and advise clients on multi-jurisdiction litigation strategies and management, particularly in complex transnational disputes where identifying in advance the competent jurisdiction and the applicable law is key. Our specialized expertise in this area is not limited to drafting choice-of-court and choice-of-law agreements, but also covers the limits to their enforceability and the complexities of lis pendens and transnational res judicata. We often coordinate, or work in coordination with, colleagues from other jurisdictions with a view to providing our clients with the best and most cost-effective assessment of the strategy to deal with parallel litigation.

  • Arbitration-related litigation

 

One of our specialties is litigation in all arbitration-related matters, which is synergic to our arbitration practice. We represent clients before courts in proceedings for the set-aside of domestic arbitral awards and the recognition and enforcement in Italy of foreign arbitral awards, the constitution of the arbitral tribunal, the challenge of arbitrators, the gathering of evidence and interim protection (including injunctive relief against an abusive calling on bank guarantees).

 

  • Experts before foreign courts

 

As reputed academics, our partners frequently appear before foreign and international courts as experts on matters of Italian law, in particular in areas such as contracts (domestic and international), commercial law, torts and non-contractual liability, corporate law, competition law, public and private international law, EU law and human rights.

 

  • Legal opinions

 

Also in consideration of their academic standing, the partners of the firm are often called to issue opinions on complex issues of contract and commercial law, corporate law and financial markets, competition law, insolvency, private international law and jurisdiction, etc.

Our most recent cases as counsel

Our most recent experience as counsel before national courts includes the following.

  • Representing the Mexican subsidiary of a prominent Italian steel-making group in Italian proceedings for the set-aside of the partial and final awards we obtained in an ICC arbitration.
  • Successfully representing the investors in proceedings before the Swiss Federal Tribunal for the set-aside of an award we obtained in investor-State proceedings against the Czech Republic.
  • Successfully representing a U.S. insurance company and its EU subsidiary in a widely publicized challenge of the presiding arbitrator of an arbitral tribunal seated in Italy resulting in the removal of the arbitrator by the court of Milan, confirmed by the Italian Supreme Court, followed by multiple reciprocal follow-on claims, including an action for damages against the arbitrator.
  • Successfully representing (twice) a leading Italian Engineering & Construction company in the interim court proceedings for injunctive relief against the abusive calling on bank guarantees on the part of the Eastern-European state-owned clients.
  • Successfully representing a leading international arbitral institution in first instance proceedings, and currently on appeal, in a dispute relating to the alleged mismanagement of an arbitration.
  • Successfully representing a multinational corporate group in the solar energy sector in multiple proceedings brought by the judicial liquidator of an Italian company claiming payments and damages on several grounds.
  • Successfully representing an Italian subsidiary of a German pharmaceutical company in a dispute with a bank relating to an alleged fraudulent scheme to the detriment of our client.
  • Successfully representing an Oil & Gas company and its holding company in proceedings instituted by a subcontractor to contest the effectiveness of a complex intra-group financing scheme which resulted in the setting-off of receivables payable to the subcontractor against other accounts owed by the latter to the holding company.
  • Representing the founder and CEO of a world leading IT, engineering and IP service-provider in proceedings currently pending before the Italian Supreme Court on issues of jurisdiction arising from a complex multi-jurisdiction litigation against a European public TV broadcaster and others for reciprocal multi-million claims for royalties and damages.
  • Representing a professional actuary (expert on insurers’ risk-assessment) in a claim for liability brought by the judicial liquidator of an insurance company on grounds of alleged negligence in the assessment of budgetary reserves.
  • Representing in an appeal on jurisdiction a trust company in proceedings for damages resulting from a “Ponzi scheme” against the Irish subsidiary of a U.S. bank in its capacity of administrator of an investment fund.
  • Successfully representing two major Middle-Eastern banks in the proceedings for injunctive relief brought by a major Italian Oil & Gas Company before the court of Milan on grounds of alleged abusive calling on bank guarantees.
  • Representing  the auditors of a public company in a claim for liability filed by the company’s judicial liquidator.
  • Successfully representing a subcontractor in proceedings relating to unfair competition and abuse of economic dependence in the fashion industry.
  • Representing a foreign State in proceedings relating to the decontamination of a military facility in Italy.
  • Successfully representing the auditors of a holding company in a claim for liability filed by the judicial liquidator of a subsidiary for the auditors’ alleged failure to prevent the exercise by the directors of the holding company of their power of management and coordination of the subsidiary to the detriment of the latter.
  • Assisting an Italian joint venture before Ethiopian courts in proceedings for the set-aside of an award we obtained in a European Development Fund arbitration against the Federal Democratic Republic of Ethiopia and the Republic of Djibouti.
  • Representing a utility in proceedings now before the Italian Supreme Court in a follow-on antitrust damages suit arising from a commitments decision of the Italian competition authority.