BdaLaw will join Mora & Associati

By Giuseppe Broccoli on 19 Mar 2019


We are pleased to inform all our friends and contacts that from April 1, 2019, BdaLaw will join Mora & Associati, a Law Firm founded by Professor Andrea Mora.

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Doing Business 2019 - Training for Reform (Elisabetta Ventrella)

By Elisabetta Ventrella on 29 Dec 2018


Also this year BdaLaw has contributed to 'Doing Business 2019: Training for Reform' the annual Report of the World Bank.

Giuseppe Broccoli and Elisabetta Ventrella have dealt with Italian regulations on starting a business, dealing with construction permits and registering property.

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Doing Business 2019 - Training for Reform

By Giuseppe Broccoli on 29 Dec 2018


Also this year BdaLaw has contributed to 'Doing Business 2019: Training for Reform' the annual Report of the World Bank.

Giuseppe Broccoli and Elisabetta Ventrella have dealt with Italian regulations on starting a business, dealing with construction permits and registering property.

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BdaLaw successfully represented an Italian Contractor in a Court case relating to the calling of a Performance Bond

By Giuseppe Broccoli on 23 Oct 2018

The Performance Bond

The Contractor signed with the Supplier a contract for the supplu of certain major components in respect of the revamping of a power station in Middle East. The contract provided the issue of a Performance Bond to secure the proper and timely performance of the Supplier's obligations.

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Doing Business 2018 - The World Bank annual Report

By Giuseppe Broccoli on 29 Sep 2018

Giuseppe Broccoli, Elisabetta Ventrella and Fabio Zanchi have contributed to the 'Doing Business 2018: Reforming to create jobs' survey for Italy in respect of the following sections:

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Getting the Deal Through: Construction 2019

By Giuseppe Broccoli on 29 Sep 2018

BdaLaw is honored to have contributed to the 12th edition of Construction, a volume in the Getting the Deal Through series of annual reports which provides international analysis in key areas of law and policy for corporate counsel, crossborder legal practitioners and business people.

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How to negotiate a Performance Bond: 5 tips

By Elisabetta Ventrella on 17 Jul 2017

The Performance Bond is a guarantee which secures the Employer from the risk of possible breaches by the Contractor during the execution of the works. It can be risky for the Contractor for several reasons and above all because it is a guarantee which remains in force for the entire life of the construction project.

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On-Demand Bond: how it works

By Giuseppe Broccoli on 10 Jul 2017

 One of the most frequent problems in international construction projects (and more generally in international commerce) is represented by the issue of bonds or guarantees that the Employer requests to secure the performance of the contract. The purpose of said bonds is to guarantee the Employer that he will recover any loss or damage that it might suffer as a consequence of the breach of the Contractor. 

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How to negotiate an Advance Payment Bond

By Giuseppe Broccoli on 3 Jul 2017

In international construction projects, it is rather standard that the Contractor starts the mobilisation/procurement just after an advance payment has been paid by the Employer. But how does it work and how can you negotiate it at your best?

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How to reduce construction disputes

By Giuseppe Broccoli on 1 Jul 2017

In construction contracts, disputes are extremely  frequent  especially in international projects. The claiming is almost inevitable and controversies concerning extra works,  extension  of time, liquidated damages for (alleged or actual) delay of the Contractor, or for the calling of the bonds issued by the Contractor for (alleged or actual) default from the Contractor itself are almost the ordinary course of a project.

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Bid Bond: how to negotiate it

By Elisabetta Ventrella on 29 Jun 2017

The Bid Bond guarantees the Employer that the bidder will sign the contract, if awarded, or will comply with other specified obligations (such as to issue other bonds as provided in the bidding documentation). They are rather frequent, especially in mid/big size projects.

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How to negotiate a Warranty Bond

By Elisabetta Ventrella on 26 Jun 2017

The Warranty Bond is a guarantee which secures the Employer in the case the Contractor will not remedy the defects, if any, which may occur during the warranty period of the works. 

It is often issued by an insurance company or (especially in mid size international projects) by a bank and it provides the payment of a sum of money if the Contractor will not perform any remedial work as provided in the contract, a sum which will be used by the Employer to have the remedial works carried out by a third party.

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Bonds in Construction Contracts: 5 tips for negotiation

By Giuseppe Broccoli on 22 Jun 2017

Bonds in construction contracts are often a pain point for Contractors. Especially in international construction projects they are frequent and are used to protect in a way or another the Employer from various breaches and non-performance of the Contractor.

Construction bonds are however rather risky for the Contractor especially if they are issued in the form of an on-demand bond. 

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Bonds in international construction contracts: what they are.

By Giuseppe Broccoli on 19 Jun 2017

In international construction projects, it is standard practice for the Employer to request guarantees to secure the performance of the Contractor. The most frequent guarantees are the bid bond, the advance payment bond, the performance bond and the warranty bondLet’s see the features of each of them and then the form that they usually have in the practice. 

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Construction Disputes and the 2017 Arcadis Middle East Report

By Giuseppe Broccoli on 6 Jun 2017

The construction industry has always been characterised by a high volume of disputes for several reasons. The 2017 Arcadis report highlights some interesting findings based on their engagements in the Middle East over the previous twelve months. Arcadis (the well-known and authoritative consultancy firm) observed an increase in the number of disputes in the Middle East, which has certainly been influenced by the current economic situation in GCC countries. 

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GCC Countries to increase Infrastructure works

By Giuseppe Broccoli on 23 May 2017

According to the most recent report issued by Deloitte, infrastructure investment in the GCC has remained high in the last three consecutive years and registered a record number in 2014 at US$171 billion.

There is a realization from governments of the dependence of their economies on public spending on projects and the necessity to maintain a certain level of spending and activity so as not to undermine future growth.

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Annual General Meeting of WLA - Dubai 13 - 14 April 2017

By Giuseppe Broccoli on 28 Apr 2017

The third Annual General Meeting of WLA took place in Dubai from 13 to 14 April 2017.

Three years ago a small number of independent Law Firms (including BDA Studio Legale) decided to establish a Network different from the thousands of Lawyers' Network already existing.

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International Construction Project: ANCE Report 2016

By Giuseppe Broccoli on 15 Oct 2016

The 2016 Report from the Italian Association of Contractors shows that international construction projects are a big portion of their revenues. The Report highlights also that this is a trend which involves not only the big companies but also the SME companies.

The analysis of the domestic and international revenues has been conducted on 38 Italian companies (with turnover between €50 Million and above  €500 Million) and clearly shows an increase in international construction projects and at the same time a decrease of the revenues generated domestically. 

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How to subcontract in International Construction Projects

By Giuseppe Broccoli on 12 Oct 2016

In mid-big sized projects, it is a crucial to understand how to subcontract part of the works especially in an international construction project. The various issues involved in subcontracting part of the works can determine the success or the failure of a project and/or can massively increase the financial risks and/or losses for either the Employer or the Contractor.

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Subcontractor selection in Construction Projects and the FIDIC Books

By Giuseppe Broccoli on 30 Sep 2016

In international construction projects, the Employer (and certainly the Contractor) may suffer the consequences of a wrong selection of the Subcontractor and this may have an impact on the timing for completion or on the quality of works executed.

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How to obtain an interim measure in Italian arbitration proceedings

By Giuseppe Broccoli on 20 Sep 2016

Article 818 of the Italian Civil Procedural Code provides that the arbitral tribunal cannot grant “[…] seizure orders and any other precautionary measures […]”. This provision still comes from the old dis-favor of the Italian legislator for the arbitration compared with the State Court proceedings and accordingly the party will have recourse to Courts for any requests of interim measures during the arbitration proceedings.

The matter is highly debated in Italy for several reasons.

In general terms there are precautionary measures which may affect third parties and that therefore could be of prejudice for the third party who is not a party in the arbitration. There are however also precautionary measures which are directed only to one of the parties of the arbitration and there would be no reason to prohibit the granting of precautionary measures against them.

An additional distinction has then to be made in respect of precautionary measures which requires for their own nature an enforcement or in any event a judicial modification of the status quo.

The arbitrators can be considered as entitled to grant all the precautionary measures addressed to one of the parties who can be voluntarily complied with or those measures which do not imply in themselves any judicial modification of the status quo. The failure to comply voluntarily with measures adopted by the arbitrators can be certainly sanctioned with monetary fines. Such an approach is exactly the one adopted for instance by Italian National and International Chamber of Arbitration of Milan Rules and Italian Arbitration Association (AIA) Rules.

The fact that the arbitrators do not have enforcement powers would certainly jeopardise (some) precautionary measures eventually granted by the arbitrators. It must be however considered that the parties voluntarily decided to refer their future disputes to arbitration and in principle there should be no reason to fear that the parties would not voluntarily comply with interim measures ordered by the arbitrators.

It is widely accepted in Italy that the arbitrators should have been expressly granted the power to issue interim measures as it happens in many jurisdictions and as it is well provided in the UNCITRAL Model Law. Certainly the provision (contained in the Model Law) of security in case of interim measures would have limited the possible negative impact of the granting of such measures and, at least, the Italian Civil Procedural Code could have provided for a second level control to be carried out by the State Courts, maybe similar to the provisions contained in the Model Law.



* This article published by BDA Studio Legale is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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How a Letter of Patronage Works Under Italian Law

By Giuseppe Broccoli on 18 Sep 2016

A letter of patronage can be considered either as a mere declaration of courtesy to looking at them, on the one hand, as binding guarantees ("fidejussione") or, on the other hand, as an undertaking to fulfil the obligations of a third party.

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Getting the Deal Through: Construction 2016

By Elisabetta Ventrella on 5 Sep 2016

BDA Studio Legale is honored to have contributed to the tenth edition of Construction, a volume in the Getting the Deal Through series of annual reports which provides international analysis in key areas of law and policy for corporate counsel, crossborder legal practitioners and business people.

Topics: News
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Doing Business 2016

By Elisabetta Ventrella on 4 Jul 2016

Also this year BDA Studio Legale has contributed to the World Bank report "Doing Business 2016: Measuring Regulatory Quality and Efficiency". Giuseppe Broccoli, Elisabetta Ventrella and Ludovica Citarella have contributed to the following sections:

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New 2014 LCIA (London Court of International Arbitration) Rules

By Giuseppe Broccoli on 18 Jan 2016

When drafting a contract, one of the most neglected clauses is the one which governs the dispute resolution especially if it refers the dispute to arbitration. When a dispute arises, many parties are not satisfied by the specific clause inserted in their contract. 
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New dispute resolution method (ADR) in Italy.

By Elisabetta Ventrella on 26 Jan 2015


New conflict resolution method, in addition to the already existing mediation, through settlement negotiation before referring disputes to Courts has been recently introduced in the Italian legal system.

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Doing Business 2013: Going Beyond Efficiency

By Elisabetta Ventrella on 6 May 2013

Giuseppe Broccoli and Elisabetta Ventrella have contributed to the Doing Business 2013 survey for Italy in respect of the following sections:

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