MARCO TORSELLO

CV  |  VCARD

email: marco.torsello@arblit.com 
phone: +39 02 8425 4810 

EDUCATION

  • LL.M. in European Business Law (Pallas Consortium, University of Nijmegen, NL, 1998)
  • Degree in Law (University of Bologna, 1994)

 

ADMISSIONS

  • Bologna Bar
  • Italian Supreme Court

 

LANGUAGES

  • Italian; English; French

Marco is name partner at ArbLit since 2017 and leads the department of litigation. Prior to becoming partner, he joined the firm as of counsel in 2014, after two decades of successful practice with major Italian law firms, including Studio Galgano. A dual citizen (Italian and US), Marco uniquely combines the competences and experience of a successful transnational litigator and those of a highly-regarded transactional lawyer. Since his entry into the firm he has effectively contributed to the establishment of ArbLit as a leading boutique in the field of international arbitration and litigation.

 

Marco is also Full Professor of Comparative Private Law at the School of Law of the University of Verona, and Global Professor of Law at NYU School of Law (Law-Abroad program in Paris). At Verona Law School Marco is a the Coordinator of the Center for Excellence in Law, Technology and Social Change (IUSTeC), a member of the scientific committee of the PhD program in European and International Legal Studies and the Director of post-graduate courses in Transnational Commercial Agreements, Litigation and Arbitration and in Transnational and Comparative Food Law.

In over twenty years of practice Marco has successfully represented top foreign and domestic clients in a variety of business-related matters and has developed specific skills and knowledge in transnational and multi-jurisdiction litigation, in ordinary, ex parte, and summary proceedings. He has often represented clients in disputes over jurisdictional issues, the law applicable, the recognition of foreign judgments and arbitral awards, attachments proceedings and other interim measures, also in support of claims brought before foreign courts or arbitral tribunals.

The many substantive areas of his litigation practice include most types of commercial contracts, corporate litigation, IP-related litigation, unfair competition, antitrust litigation, procurement and construction projects, including the injunctive relief for abusive calling on bank guarantees, bankruptcy-related litigation, professional and medical malpractice and product liability.

Marco’s practice greatly benefits from his parallel scholarly work as professor of comparative law and transnational commercial law. In such capacity he has often advised top foreign and domestic clients on complex, multi-jurisdiction transactions and on several cases he served as expert before foreign (primarily US and UK) and domestic courts. He also often appears as counsel and sits as presiding, sole and party-appointed arbitrator in ad hoc and institutional, international and domestic arbitrations under a variety of rules and governing laws and has also worked extensively in court proceedings assisting arbitration.

Since 2018 he is a member of the ICC Commission on Arbitration and ADR.

Marco is the author or co-author of several books and papers on a variety of issues dealing with international business transactions, transnational litigation, commercial arbitration, corporate law and others. The list of publications includes well-known publications, such as the Nutshell in International Sales Law- CISG (co-authored with Franco Ferrari, 2nd ed. 2018), the most famous Italian monograph on International Commercial Contracts (co-authored with Aldo Frignani, 2nd ed. 2010) and many others. He is a frequent speaker at academic and practitioners’ conferences, symposia, workshops and courses, in Italy and abroad.

 

He has held multiple positions as visiting professor or visiting scholar, including: Global Professor of Law, NYU School of Law, Law-Abroad Program in Paris (yearly, Spring 2014 to Present), Visiting Professor of Law, Bucerius Law School, Hamburg (Fall 2017); Visiting Professor of Law, Université Sciences-Po, école de droit (Spring 2015); Hauser Global Visiting Professor of Law, NYU School of Law (Fall 2015 and Fall 2011); Visiting Professor of Law, Fordham Law School, New York (Fall 2012); Visiting Professor of Law, University of Pittsburgh School of Law (Fall 2010); 2004/2005 BNL Visiting Professor of Law, Columbia Law School, New York (Fall 2004); Professeur invité, Université Paris Ouest – Nanterre, La Défense (1-month yearly appointments from 2006 to 2013); Visiting Professor of Law, Loyola Law School Los Angeles (LL.M. Program in Bologna, Spring 2007, 2009 and 2010); January Term Visiting Professor of Law, University of Western Ontario, Canada (January 2007), Visiting Professor of Law, Loyola University Chicago (Teaching Abroad program in Strasbourg, June-July 2006); Visiting Scholar, Columbia Law School, New York (Fall 2003); Visiting Scholar, Max-Planck-Institute für Ausländisches und Internationales Privatrecht, Hamburg (Fall 2005).

He has also held teaching positions at many Italian Universities, including the Polytechnic University of Milan (2010-Present); Bologna Business School (Summer 2015 and 2016); Catholic University of Milan (Spring 2015); University of Bologna, School of Law (tenured position from 2002 to 2011); University of Trento, School of Law (2005, 2007, 2009), University of Padova, School of Political Sciences (from 2000 to 2010), and others.

Marco was also the delegate for the Italian Government at the XXIII Session of the UNCITRAL Working Group on International Contract Practices (2000), working on the draft UN Convention on Assignment of Receivables in International Trade.

  • IBA – International Bar Association, International Sales Committee
  • ELI – European Law Institute
  • ICC Italia – Italian Branch of the International Chamber of Commerce
  • SIRD – Società Italiana per la Ricerca nel Diritto Comparato

INTERNATIONAL CONTRACTS

BOOKS

International Sales Law – CISG in a Nutshell, (co-authored with Franco Ferrari) XX, 415 (St Paul, 2014)

Gli Incoterms® 2010 della Camera di Commercio Internazionale (co-edited with Greta Tellarini) VI, 226 (Naples, 2012)

Il contratto internazionale. Diritto comparato e prassi commerciale (co-authored with Aldo Frignani) XXIX, 1027 (Padova, 2010)

Common Features of Uniform Commercial Law Conventions. A Comparative Study Beyond the 1980 Uniform Sales Law VIII, 344 (Munich, 2004)

ARTICLES

“The Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision?”, in Italian National Reports to the XIXth International Congress of Comparative Law, Vienna 2014, 111-149 (Milan, 2014)

“Pre-Contractual Liability and Preliminary Agreements”, in Larry Di Matteo (ed.), International Sales Law: A Global Challenge 630-646 (Cambridge, 2014)

“Rimedi all’inadempimento nella Convenzione di Vienna del 1980 sulla vendita internazionale di beni mobili”, Contratto e impresa / Europa 296-344 (2013)

“Gli usi nella Convenzione di Vienna sulla vendita internazionale di beni mobile” (co-authored with Aldo Frignani), Contratto e impresa / Europa 407-417 (2013)

“Remedies for Breach of Contract”, in Jan Smits (ed.), Elgar Encyclopedia of Comparative Law 754-776 (2nd ed., Cheltenham – Northampton, 2012)

“Articles 1-15 (Disposizioni sulla legge in generale)”; “Articles 1173-1174”; “Articles 1678-1702”, in Francesco Galgano (ed.), Commentario breve al codice civile (5th ed., Piacenza, 2012)

“I rimedi all’inadempimento”, in Francesco Galgano, Franco Ferrari e Gianmaria Ajani (eds.), Atlante di diritto privato comparato 144-154 (5th ed., Bologna, 2011)

“Preliminary Agreements and CISG Contracts”, in Harry Flechtner, Ronald Brand, Mark Walter (eds.), Drafting Contracts under the CISG 191-252 (Oxford, 2008)

“Substantive and Jurisdictional Aspects of International Contract Remedies: Comment on Avery Katz’s ‘Remedies under the CISG’ “, 25 International Review of Law and Economics 397-410 (2005)

“Remedies for Breach of Contract under the 1980 Convention on Contracts for the International Sale of Goods (CISG)”, 9 Vindobona Journal of International Commercial Law and Arbitration, 253-290 (2005), also in Franco Ferrari (ed.), Quo Vadis CISG? Celebrating the 25th Anniversary of the United Nations Convention on Contracts for the International Sale of Goods 43-87 (Brussels/Paris/Munich, 2005)

“Transfer of Ownership and the 1980 Vienna Sales Convention: A Regretful Lack of Uniform Regulation?”, International Business Law Journal – Revue de Droit des Affaires Internationales 939-951 (2000)

BUSINESS AND COMMERCIAL LAW

ARTICLES

“Financial Leasing in Italy” (co-authored with Aldo Frignani), Uniform Law Review – Revue de droit uniforme 351-371 (2011)

“Il factoring internazionale” (co-authored with Aldo Frignani), in Piazzetta Monte, available on-line at: <www.creditmanagementbank.eu>

“La disciplina uniforme del leasing finanziario internazionale”, in Aldo Berlinguer (ed.), Finanziamento e internazionalizzazione di impresa 187-213 (Turin, 2007)

“Convenzione Unidroit sul Factoring Internazionale (1988)”, in Franco Ferrari (ed.), Le Convenzioni di Diritto del Commercio Internazionale. Codice essenziale con regolamenti comunitari e note introduttive 119-150 (2 ed., Milan, 2002)

“The relationship Between the Parties to the Factoring Contract According to the 1988 Unidroit Convention on International Factoring”, in Alfredo Mordechai Rabello, Andrea Zanotti (eds.), Developments in European, Italian and Israeli Law 269-290 (Milan, 2001)

“Partecipazione a scopo di finanziamento e patto leonino parasociale”, Contratto e Impresa 896-918 (2000)

“The relationship between the parties to the factoring contract according to the 1988 Unidroit Convention on International Factoring – Les relations entre les parties au contrat d’affacturage régi par la Convention Unidroit de 1988 sur le Factoring International”, International Business Law Journal – Revue de Droit des Affaires Internationales 43-59 (2000)

“I rapporti tra le parti del contratto di factoring tra disciplina uniforme e molteplicità delle fonti”, Contratto e Impresa 538-618 (1999)

COMPARATIVE AND UNIFORM OF LAW

ARTICLES

“Gli Incoterms® 2010: dalla espressione della lex mercatoria alla prospettiva di una soft law competition”, in Greta Tellarini and Marco Torsello (eds.), Gli Incoterms 2010 della Camera di Commercio Internazionale 215-226 (Naples, 2012)

“Foreign Judge-made Law e sua ricezione nel diritto interno”, in Gianmaria Ajani, Antonio Gambaro, Michele Graziadei, Rodolfo Sacco, Vincenzo Vigoriti, Michel Waelbroek (eds.), Scritti in onore di Aldo Frignani 479-500 (Turin, 2011)

“Il valore del precedente extrastatuale nell’applicazione del diritto interno: circolazione del formante giurisprudenziale e uso della giurisprudenza straniera nelle corti italiane”, Contratto e Impresa / Europa 6-31 (2009)

“Italy”, in Franco Ferrari (ed.), The CISG and its Impact on National Legal Systems 187-224 (Munich, 2008)

“L’uniformazione del diritto europeo dei contratti e le due torri di Babele: particolarismo giuridico e plurilinguismo nella prospettiva comparatistica”, in Lucia Serena Rossi, Giacomo DI Federico (eds.), L’incidenza del diritto dell’Unione europea sullo studio delle discipline giuridiche 111-127 (Naples, 2008)

“The CISG’s Impact on Legislators: The Drafting of International Contract Law Conventions”, Franco Ferrari (ed.), The 1980 Uniform Sales Law. Old Issues Revisited in the Light of Recent Experiences 199-275 (Milan, 2003)

“Reservations to International Uniform Commercial Law Conventions”, Uniform Law Review – Revue de Droit Uniforme 85-120 (2000)

Vienna, July 23, 2014: Italian national Reporter at the XIX Conference of the International Academy of Comparative Law on the subject: “The effects of financial crises on the binding force of contracts: Renegotiation. Rescission or revision?

Verona, November 5, 2013: Speaker at the joint conference of the Universities of Verona and Bayreuth, Seminar zur Vorbereitung eines gemeinsamen Doktorats, “New Tasks in European and National Food Law