Italy: Litigation, Mediation & Arbitration

The Council of State has issued a landmark ruling that fundamentally reshapes liability allocation in renewable energy asset transactions, determining that repayment obligations for forfeited incentives cannot automatically transfer to new plant owners. This decision challenges the established practice of Italy's energy services manager (GSE) and provides crucial protection for investors acquiring existing renewable energy facilities by limiting their exposure to historical compliance issues.

The Italian Supreme Court of Cassation has ruled for the first time that Italian companies may validly include foreign-seated arbitration clauses in their articles of association for corporate disputes.

The Unified Patent Court is witnessing a significant shift toward English as the primary language of proceedings, with a recent Milan Local Division decision exemplifying this trend.

The Unified Patent Court is witnessing a significant shift toward English as the primary language of proceedings, with a recent Milan Local Division decision exemplifying this trend.

The Milan Local Division of the Unified Patent Court addresses an application for security for costs under Rule 158.1 of the Rules of Procedure in patent infringement proceedings between Biopsafe ApS and Kaltek S.r.l. The case involves three European patents and raises important questions about cost security requirements in UPC litigation.

Cardo Systems, Ltd. has initiated infringement proceedings against Shenzhen Ziwu Chuangxin Technology Co., Ltd. and Resosport Limited at the Milan Local Division of the Unified Patent Court. The case involves European Patent EP4240194 and follows specific procedural rules under the UPC framework.

Italy has traditionally offered limited scope for collective actions to protect consumers.

Una nota canzone recitava "We are walking in a dolce vita…". E, in effetti, la questione sembrerebbe molto dolce...

International Arbitration Comparative Guide for the jurisdiction of Italy, check out our comparative guides section to compare across multiple countries

Planning a destination wedding in Italy can turn into a legal nightmare when a venue unexpectedly cancels. Understanding the critical differences between advance payments and confirmatory deposits under Italian law, along with your contractual rights and potential remedies, can mean the difference between recovering your investment or facing significant financial losses when a wedding venue becomes unavailable.

The concept of being concerned by a patent, as laid down in Article 47(6) UPCA for revocation actions, is to be interpreted broadly. A distinction must be drawn between private and commercial acts, as Article 27(a) UPCA makes clear.

Work at height remains one of the most dangerous occupations despite technological advances, with falls from scaffolding, cranes, and platforms continuing to cause fatal workplace accidents. Understanding the complex web of legal liability—from employers to equipment owners—and knowing the compensation rights available to surviving families becomes crucial when tragedy strikes on construction sites and elevated workspaces.