Among the restrictive clauses that can be included in a preliminary or definitive contract for the transfer of company shares, are those regarding non-compete agreements. Non-compete agreements bind the parties to mutually limit their activity, so as not to use: company trade secrets;  carry out customers’ abduction activities;  share confidential information and news about operationsRead more

The war in Ukraine and the sanctions to Russia imply a modification in the economic consequences and juridical relationships between companies, especially regarding the possibility to perform the contractual obligations as per any contracts already stipulated. This situation falls under the category of hardship clauses as a largely unforeseen event. Adverse events can be causedRead more

Tax credits provided for the construction sector involve the deduction of up to 110% of taxes. Credit trade or invoice discount can be requested by Italian citizens residing abroad as well as by foreigners, whether or not resident in Italy, who own a property in Italy for residential use, i.e. which is not used forRead more

Formalized international contracts and economic relationships between companies involved in international commercial exchanges are not set in stone. Even when businesses are already operating between a foreign company and an Italian company, any international pacts and agreements signed may vary according to unexpected events. Some of those events might have to do with the increaseRead more

The legal assistance needed in cases of violation of shareholders’ agreements and for attribution of jurisdiction in case of foreign companies with Italian partners has been relevant in the decision of 26 November 2020 n. 26984 of the Court of Cassation, which ruled on the question of jurisdiction raised in the context of a compensationRead more

Mutual agreements between States for investments protection. Suggested: Can a foreigner, i.e. a non-EU citizen, lawfully carry out business, commercial or trading activities in Italy? The answer is yes, it is worth however specifying that in terms of international private law, an investment is any activity involving the stipulation of an international agreement that produces obligationsRead more

Even in companies located abroad, shareholders’ agreements can be stipulated between shareholders, who can reside in Italy or in the third country where the company is located.   Shareholders’ agreements have long been considered as conventions whereby shareholders establish relationships that cannot be opposed to the company, different or complementary to those provided for by theRead more

International law regulates the phenomenon of double taxation, occurring when a company gets its profits taxed twice in what is called ‘international double taxation’. Profits are taxed firstly in the State where the company is resident or established, and secondly in the State where they are produced, through a secondary branch. Agreements against double taxationRead more

Some cases of carrier’s liability are worth examining, since they have been the object of judgment by the Italian tribunal. Is it well known that the carrier’s liability is in principle: carrier’s liability for theft of merchandise; carrier’s liability for loss of merchandise; carrier’s joint liability towards the client; carrier’s liability for delay in delivery;Read more

Lawyers dealing with international carriage come across numerous cases where ADR mediation becomes relevant to resolve conflicts originating in international transport contracts or intermodal international carriage contracts. The main characteristic of international carriage of goods is the fact that the subjects involved have different functions and duties to fulfil. Besides the parties, the contract alsoRead more