FL-2024-000016 - [2025] EWHC 1903 (Comm)

Based on what has been put forward in the Italian Proceedings, one argument which Dexia anticipates that Torino may rely on, in relation to the subject matter of its application for summary judgment, is that under Article 4(2) of Italian Law No. 218/1995 (ie the Italian Private International Law Act) parties may only agree to submit to the jurisdiction of a foreign court or arbitral tribunal where the dispute concerns rights which are capable of being disposed of or waived (or are ‘diritti disponibili’); and that the Italian Proceedings engage Torino’s ‘non-disposable’ rights.

Dexia accordingly sought permission to rely on an expert report of Prof. Emanuele Rimini, professor of Business Law at the University of Milan, to consider this argument.

The report appeared to me to be that of a properly qualified expert, and I gave permission for Dexia to rely on it in the context of its summary judgment application.