The professionals of the litigation department of Firm provide their assistance to individuals and legal entities, both Italian or foreign, in any phase and grade of legal proceedings and before all Italian judicial authorities. Such professionals avail themselves – if necessary – of the cooperation of local lawyers of proven trustfulness and experience, it being understood their personal attendance to hearings in the event that the sensitivity and importance of the matters to be discussed make such attendance appropriate.
As far as proceedings, before civil courts are concerned, specific attention is given to the activities preceding the filing of the judicial application and to the resolution of the conflict of law matters. In light of the well-known issues of the proceedings before Italian civil courts, the approach of the Firm is to file before a judicial authority only to the extent that it is strictly necessary for the best protection of the Client’s interest. The Firm’s philosophy is to advise against the filing of any petition also in the event that – as a result, for example, of the economic situation of the other party – the possible practical outcomes are not convenient if compared to the costs to be borne.
It is worth mentioning that the Firm was involved with a primary role, as from the relebamt initial phase, in the IT reform of the proceedings pending before Italian civil courts. As from the end of 2006 the Firm was, indeed, one of the few Milan law firms entitled to asks for the issuance of orders of payment through IT procedures.
A significant part of the activities of the Firm’s litigation department relates to the management, on behalf of clients as well as of other lawyers, of litigations proceedings that are pending abroad (either before ordinary jurisdictions or arbitration panels) and also in the most problematic countries, thanks to the vast legal network to which the Firm is part. In this respect, the Firm has acquired a specific expertise in the management of cases of international bankruptcy.
The Firm performs litigation activities also on behalf of other lawyers, being the professionals of the Firm able to manage the relevant cases on an autonomous basis, it being understood in any case their full compliance with the instructions received from the lawyers who are primarily in charge of the relevant cases.
The resolution of claims through alternative legal instruments such as arbitration or conciliation is one of the field where the Firm has a significant know-how, also thanks to the experience that its professionals have gained at the National and International Chamber of Arbitration of Milan.
Furthermore, the professionals of the Firm provide their assistance in relation to proceedings pending before the most important Arbitration Court at a worldwide level such as, by example, the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA) and The China International Economic and Trade Arbitration Commission (CIETAC).
Litigation Track Record
- arbitration proceedings before the Camera Arbitrale Nazionale e Internazionale di Milano to determine the final price of a share transfer;
- court proceedings before the High Court of Namibia to set aside the award of a public tender;
- arbitration proceedings under the ICC International Court of Arbitration rules for the payment of a supply of pig iron;
- arbitration proceedings under the ICC International Court of Arbitration rules for the payment of certain fees allegedly due pursuant to a consultancy agreement;
- ordinary proceedings to ascertain whether a bank had been negligent and violated the required level of professional diligence;
- various ordinary court proceedings concerning breach of contractual obligations and compensation for damages.