Condizione di reciprocità e partecipazione di stranieri nel consiglio di amministrazione di s.p.a.: osservazioni critiche

Trata-se de parecer.Aborda sobre decisões do Registro de Empresas sobre a inscrição de cidadãos brasileiros como conselheiros de uma sociedade anônima na Itália (“società per azioni”). Avalia a aplicação do princípio da reciprocidade nos ordenamentos italiano e brasileiro, bem como os requisitos necessários para ser membro do conselho de administração de companhias sediadas no Brasil e na Itália

The rules governing the merits in international commercial arbitration: what scope for party autonomy? = Regras aplicáveis ao mérito em arbitragem comercial internacional: qual o escopo da autonomia das partes?

Analisa a autonomia das partes na determinação das regras que regem o mérito na arbitragem comercial internacional. Examina as "regras obrigatórias" que interferem na relação das partes com as estipulações contratuais. Apresenta os deveres, responsabilidades e obrigações dos árbitros na aplicação de futuras decisões arbitrais

The control system of arbitral awards: a pro-arbitration critique of Michael Reisman’s “architecture of international commercial arbitration”

Análise a “arquitetura da arbitragem comercial internacional” de W. M. Reisman, com fundamento na Convenção de Nova Iorque, e aponta alternativas para a resolução de problemas de controle das sentenças arbitrais

Non-national Rules and Conflicts of Laws

This paper analyzes the rationale of the theory, which prevals in most conflicts of laws systems, including the Rome I Regulation, that non-national rules cannot be applied by courts as the governing law of contracts. The paper begins with an analysis of the case law of domestic courts on the application of the Unidroit Principles and concludes that courts increasingly hold that the Principles can be relevant to the solution of issues before them. It then goes on to analyze the traditional reasons for the hostility of national legal systems and of many authors towards the application of such rules qua lex causae and concludes that they are unfounded. In particular the fragility of the belief that such a solution is needed to preserve the application of mandatory rules is exposed, as is the myth of the aptitude of national systems to provide predictable and satisfactory solutions in all cases. The author particularly criticizes the solution of Regulation Rome I and finds that the one adopted by the Hague Principles on Choice of Law in International Commercial Contracts is more modern and in keeping with the needs of the business community. The author also discusses the relative merits of national law and non-national rules to govern contracts and concludes that, whilst in many cases national law may be preferable, there are many situations where non-national rules, and notably the Unidroit Principles, may prove preferable

Remedies against state interference with arbitration

The aim of this article is to discuss the remedies available to the victims of breakdowns of the arbitral process, when the breakdown occurs at the hands of a state, and more specifically of its courts. By breakdown I mean a situation in which a domestic court acts in relation to a given arbitral proceeding in a way that would appear objectionable from the point of view of what arbitration experts would consider to be the correct approach to arbitration. The typical cases are those in which a court (i) refuses to uphold an arguably perfectly valid arbitration agreement, (ii) prevents the arbitration from going forward in different ways, typically by enjoining the arbitrators, (iii) sets aside an award in dubious circumstances or (iv) refuses to enforce foreign awards in the absence of one of the grounds provided for by the 1958 New York Convention on the recognition and enforcement of arbitral awards. Breakdowns of this sort occur even today, notwithstanding the fact that arbitration is increasingly accepted internationally, that more and more countries embrace an arbitration-friendly culture, and that domestic arbitration laws around the world are increasing uniform. The question that I propose to examine here is whether there is any type of remedy available to the party that considers itself to be the victim of such encroachments on the reasonable expectations of the users of international arbitration

Arbitration and Mandatory Rules

This article examines the relationship between mandatory rules and international arbitration. The first facet of this relation is arbitrability, which is now no longer a debated issue since it is recognized in all systems that mandatory rules do not hinder the possibility of a dispute being settled by arbitration. The second facet relates to the treatment of mandatory rules by arbitrators. The article explores the approach that arbitrators must take to deciding which mandatory rules to apply and how to apply them, including the relations with public authorities. The third facet of the problem is the approach to be taken by the courts in the review of awards involving mandatory rules. It considers the different problems that arise in relation to the review of awards according to the standard of public policy, including the extent and intrusiveness of the review, taking into consideration the primary interest of finality of awards