Litigation & Arbitration

The Litigation & Arbitration Service Line consists of a team of experts in various areas of civil, commercial, and corporate law, as well as procedural law.

Legal consulting for litigation

Thanks to the diverse expertise of its professionals, the Service Line provides specialized assistance in a wide range of sectors, particularly in corporate law, real estate, and inheritance law.

Below are some of the types of litigation we handle on a regular basis.

Protection in corporate relations

  • Shareholder exclusion
  • Complaint under Article 2409 of the Italian Civil Code
  • Dismissal of directors in limited liability companies
  • Challenge of shareholders’ resolutions
  • Directors’ liability
  • Protection in cases of unfair competition and breach of non-compete agreements

Protection in contractual matters

  • Termination actions
  • Annulment actions
  • Claims for damages
  • Debt recovery

Protection in inheritance matters

  • Protection of forced heirs and recovery of legitime
  • Inheritance petition
  • Dissolution and division of joint ownership or hereditary property
  • Simulation
  • Challenge of wills

Protection of property and other real rights

  • Ownership claims
  • Usucaption
  • Specific performance of an obligation to execute a contract (Article 2932 of the Italian Civil Code)
  • Dissolution and division of ordinary joint ownerships
  • Actions to protect possession
  • Protection in lease matters
  • Protection of property in condominiums

The specific organization by areas of expertise allows for the rapid formation of dedicated working groups to thoroughly examine any issue related to litigation and pre-litigation. The main goal is to prevent disputes through consulting, resorting to legal proceedings only when truly necessary.

Members of the Service Line undergo continuous professional development and training programs designed to boost their preparation and skills.

Consulting and Pre-Litigation Phase

We assist companies and individuals during the delicate pre-litigation phase. Our experience has shown that turning to the courts is only rarely the best way to resolve an issue. On this point, we share a common vision with the business community and private market operators.

Our work – often carried out together with colleagues from other service lines – therefore aims to identify potential sources of disputes and provide clients with preventive solutions. This becomes even more effective when our work is developed within a long-term, trusted relationship, which has always been one of our key objectives.

Before resorting to litigation, we evaluate possible alternative solutions based on the specific case and the applicable regulations:

  • Private negotiations aimed at amicable settlements
  • Assisted negotiations
  • Mediation procedures, in collaboration with leading bodies operating across the country

As part of our assistance, we ensure that our clients are fully informed about the status of their cases and possible developments. Aware of the importance of the human factor, we devote great attention to our clients’ relationships, striving to find ways to foster calm and constructive dialogue, even in the most complex situations.

Litigation Phase

Before the Ordinary Jurisdiction

Even in litigation, we provide support to national and international clients – both individuals and legal entities – ensuring broad coverage and the highest level of professionalism in all areas and before all courts, including the Supreme Court of Cassation. This is possible in a variety of specialized fields thanks to the support of colleagues from other service lines (Corporate, M&A, Labor, and Tax). We can also rely on the experience and expertise of colleagues based in our numerous foreign offices, who assist in cross-border disputes.

The ability to quickly assemble teams of specialists in specific areas enables an informed, efficient approach from the outset.

In litigation, our experts assess the most suitable defense strategies to achieve the client’s objectives on a case-by-case basis.

In Arbitration

Members of the Service Line have extensive experience both as counsel and as arbitrators in ad hoc and administered arbitration proceedings.

Where circumstances suggest or allow it, we opt for alternative dispute resolution systems, which are certainly more expensive but much faster in reaching a conclusion. This choice is usually made in coordination with contract law specialists, who we support in drafting arbitration clauses, especially those included in M&A contracts.

Even in litigation, Service Line members are required to maintain a high level of expertise, developed through practical experience and continuous training programs, which our professionals also attend as speakers.

Fully aware of the high emotional involvement typical of judicial disputes, here again the Service Line professionals pay great attention to the human side and to maintaining strong, personal relationships with clients.