How are damages dealt with in commercial contracts in Italy? Are liquidated (pre-agreed) damages common?

The amount of damages reimbursable in case of a contractual dispute takes into account the loss suffered by the creditor and the lost profits, insofar as they are a direct and immediate consequence of the non-performance or delay. If damages cannot be proved in their exact amount, they are equitably liquidated by the court. Through […]

Lorenzo BacciardiPartner, Bacciardi and Partners

Is there anything special or peculiar about commercial contract law in Italy that clients should be aware of?

Based on the peculiarity of the Italian laws and judicial system, anyone doing business in Italy should secure transactions through properly drafted contractual instruments. Our experience has taught us that a good contract is a well-balanced contract which (a) complies with the applicable laws and regulations, and therefore is fully valid and enforceable; (b) clearly […]

Lorenzo BacciardiPartner, Bacciardi and Partners

FOREIGN WITHHOLDING TAXES APPLICABLE ON THE FEES DERIVING FROM INTERNATIONAL COMMERCIAL CONTRACTS

February 1st, 2018 – 09.15 – 13.30  CHAMBER OF COMMERCE OF ROMAGNA – headquarters of Forlì Corso della Repubblica n. 5, Forlì On February 1st, 2018, Bacciardi and Partners, jointly with the Chamber of Commerce of Romagna, will hold a specialized training seminar on the matter of foreign withholding taxes applicable on the fees deriving […]

Lorenzo BacciardiPartner, Bacciardi and Partners

What are some of the negotiation approaches least likely to achieve mutually satisfactory resolution of a deal obstacle in Italy?

Submitting an extremely thick and lengthy set of documents, and expecting Italian counterparts to hold negotiation in great detail on each and every provision of the set of documentation, is unlikely to work well. This is particularly true if you are unavailable to adopt and use a neutral language for the negotiation and drafting of […]

Lorenzo BacciardiPartner, Bacciardi and Partners

Which techniques are typically used by international counterparties in Italy to overcome what appears to be an insurmountable obstacle?

Relaxing the tempo is a good technique, adjourning meetings in such a way to allow the parties to further review the applicable rules and/or reflect on alternative solutions. They can then come back to the negotiation table with a proactive and constructive approach, in order to overcome the obstacle and reach a mutually acceptable and […]

Lorenzo BacciardiPartner, Bacciardi and Partners

How easy is it to complete a real estate transaction in Italy as a non-citizen and what are the typical costs involved?

It is easy to complete a real estate transaction in Italy for both non-citizens and non-residents. The real estate transaction is usually assisted by both an attorney and a notary. The attorney is responsible for structuring the transaction from a legal and contractual point of view, while the notary must handle all the formalities connected […]

Lorenzo BacciardiPartner, Bacciardi and Partners

What are some of the negotiation approaches that are most likely to achieve a deal in Italy?

I agree that cross-border M&A transactions are usually more complex and sophisticated when compared to the domestic ones. This is primarily due to the fact that there is a need to bridge the cultural differences of the involved parties as well as the practical approaches adopted by the same. I would advocate doing your homework […]

Lorenzo BacciardiPartner, Bacciardi and Partners

What best practices should professionals adopt in Italy to ensure contracts are viable and legally binding?

As a general rule, no special formalities are to be completed in order for commercial contracts to be legally binding. There are however some exceptions. For example, a lease contract for real estate having a duration longer than nine years must be made in writing, signed before a public notary and registered with the land […]

Lorenzo BacciardiPartner, Bacciardi and Partners