ITALY LAW AND PRACTICE Contributed by: Giorgio Berlingieri, Alberto Massimo Rossi, Alfredo Lizio, Alberto Torrazza, Simone Gaggero and Filippo Cassola, ADVANT Nctm
6.2 Enforcement of Law and Arbitration Clauses Incorporated Into a Bill of Lading Courts in Italy will recognise and enforce a law and arbitration clause of a charterparty incorpo - rated into the relevant bill of lading, provided that the bill of lading contains a specific reference to the charterparty, in order to identify that char - terparty precisely (for example, by mentioning the date and place of issue of that charterparty). 6.3 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards Italy ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards through Law No 62 of 1968. It acceded to the Convention on 31 January 1969 and the Convention entered into force in Italy on 1 May 1969. The recognition and enforcement of for - eign awards are governed by Articles 839 et seq of the Italian Code of Civil Procedure. 6.4 Arrest of Vessels Subject to Foreign Arbitration or Jurisdiction Any circumstance in which the relevant claim is subject to a foreign arbitration and/or jurisdic - tion has no relevance with respect to the arrest procedure in Italy. 6.5 Domestic Arbitration Institutes There is no domestic arbitration institute that specialises in maritime claims. 6.6 Remedies Where Proceedings Are Commenced in Breach of Foreign Jurisdiction or Arbitration Clauses If the plaintiff acts in breach of a foreign jurisdic - tion or arbitration clause and commences pro - ceedings before an Italian court, the defendant must raise the objection of lack of jurisdiction of that Italian court in its first defence brief. How - ever, Italian courts cannot grant anti-suit injunc -
tions to prohibit a party from commencing or continuing proceedings in another jurisdiction.
7. Ship-Owners’ Income Tax Relief 7.1 Exemptions or Tax Reliefs on the Income of Ship-Owners’ Companies Law No 30 of 1998 established the so-called “Italian International Register” for ships engaged in international trade. Ships registered within this Register and their operators are granted a cor - porate tax reduction and other benefits aimed at reducing the labour costs of the registered fleet and safeguarding the employment of seafarers. In doing this, Italy has achieved substantial par - ity in operating costs with other tax-advantaged jurisdictions typical of this sector. Insofar as it is relevant here, the Italian legislature has provided for the following. • A reduction of the taxable amount, relevant for Italian corporate income tax (IRES) pur - poses, of the income deriving from the use of vessels registered in the Italian International Register (see Article 4(2) of Law No 30 of 1998). Moreover, Legislative Decree No 344 of 2003 has amended the Italian Consolidated Tax Act (the “TUIR”), introducing an optional alternative regime that is widespread at an international level, providing for a flat rate scheme called “tonnage tax” calculated on the tonnage value of registered vessels (see Articles 155 to 161 of the TUIR). • A tax credit corresponding to the Italian Tax on Personal Income (IRPEF) that the employer has to pay on the wages of seafar - ers employed on ships registered in the Italian International Register (see Article 4(1) of Law No 30 of 1998).
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