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Litigation attorneys in Italy

Litigation Attorneys in Italy

Updated on Wednesday 15th February 2017

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Most disputes in Italy are resolved by litigation proceedings in which the resolution is given by a court of justice. Litigation proceedings are available in both civil and corporate matters. Recently, the legislation has suffered few modifications related to commercial disputes which can now be tried in summary proceedings. In both cases, civil and corporate, both the plaintiff and the defendant will need the representation of Italian litigation attorneys.

The Italian judicial system

The Italian judiciary system comprises the following courts:

  • -          courts of first instance,
  • -          appeal courts,
  • -          the Court of Cassation, which is the highest court in Italy.

Litigation cases in Italy can also be tried by justices of peace or by the Arbitration Court.

The courts of first instance will usually hear large commercial disputes and in 2012 their competence have been extended over the following matters:

For legal representation in any of the above cases you can request the services of our litigation attorneys in Italy.

Court proceedings in Italy

Lawsuits in Italy begin with public hearings conducted by the judge. However, the judge can impose certain restrictions based on confidentiality, safety or legal practice reasons. The main steps of court proceedings in litigation cases in Italy are:

  • -          a writ of summons in which each party presents their claim,
  • -          notices sent to both the defendant and the defense,
  • -          submission of evidence by both the claimant and the defense.

All hearings following the initial one, are confidential and will be attended by the conflicting parties and their Italian lawyers only.

Remedies in cases of litigation in Italy

The Italian court can impose one following remedy in case of litigation:

  • -          orders of payment,
  • -          restrictions,
  • -          orders to abide by a certain regulation.

In most litigation cases the remedies are compensatory rather than punitive. Claimants will usually receive an indemnity for all the damages caused by the other party. Claims can be related to loss of profits of Italian companies, in most cases.

For legal representation in civil or commercial disputes you can contact our lawyers in Italy. We can put you in touch with agents in other countries, if you need legal services in UK, Malaysia or you want financial services in Luxembourg.

 

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