Cecilia Carrara

Partner
Legance Avvocati Associati

Present Position: Partner
Practice Areas: Dispute Resolution, M&A and Corporate
Office: Rome, Italy
Date of Birth: 19th September 1975
Languages: Italian, English, German, French and Spanish
Telephone: +39 06 93 18 271
Fax: +39 06 93 18 27 403
E-mail: ccarrara@legance.it

Expertise:

Cecilia Carrara has a significant experience in the field of national and international, commercial and investment arbitration proceedings, both institutional and ad hoc, acting both as counsel and as arbitrator, and is further active more generally in the field of international commercial litigation. Cecilia represents international and Italian companies also in arbitration-related proceedings, such as recognition and enforcement proceedings.

Cecilia Carrara also focuses on mergers & acquisitions, extraordinary corporate transactions and commercial contracts. She is responsible of the Legance German desk, with a specific focus on German speaking countries and Eastern Europe.

Cecilia is pro bono partner at Legance coordinating the corporate social activities of the Firm.

Cecilia Carrara is a member of the Board of ICC Italy, of the ICC International Court of Arbitration (for both the three-year period 2015-2018 and 2018-2021), of the ICC Commission, of the ICC Task Force on Emergency Arbitrator Proceedings for Italy and of the ICC Task Force on Arbitration of Climate Change Related Disputes. She is co-founder of Arbit (the Italian forum of arbitration practitioners), co-chair of the arbitration working group of ASLA (the Association of Italian Law Firms), and member of the Council of AIA (Associazione Italiana per l’Arbitrato). She is also a member of IBA (International Bar Association), LCIA (London Court of International Arbitration), DIS (Deutsche Institution für Schiedsgerichtsbarkeit) and ArbitralWomen.

Cecilia Carrara is mentioned in several international publications as follows: “able to quickly grasp the issues and is a very intelligent lawyer who has in-depth knowledge of international arbitration” (Chambers Partners 2018); “pleasure to work with”, “highly recommended both as counsel and arbitrator” (WWL 2018).

Cecilia Carrara was identified by Global Arbitration Review and Who’s Who Legal 2018 as one of the world’s leading commercial arbitration experts.

Cecilia Carrara has been indicated in Who’s Who Legal: Arbitration 2017 as being among the world’s

leading arbitration specialists and in Who’s Who Legal: Arbitration – Future Leaders.

Cecilia Carrara has been indicated in Who’s Who Legal: Arbitration 2015 and 2016 as being among the world’s leading commercial arbitration experts.

Cecilia Carrara has been nominated by Who’s Who Legal: Litigation 2014 and 2015 as one of the world’s leading practitioners in this field.

 

Professional Experience:
2011: Partner, Legance – Avvocati Associati, Rome, Italy
2009 – 2010: Senior Counsel, Legance – Avvocati Associati, Rome, Italy
2006 – 2016: Professor of comparative corporate law, Università “LUISS – Guido Carli”, Rome, Italy
1997 – 2009: Partner, Studio Legale Macchi di Cellere Gangemi, Rome, Italy
2000: Visiting lawyer, Hengeler Mueller, Berlin, Germany
Education:
2000: Admitted to the Bar. Member of the Rome Bar, Italy
1999: LL.M., Comparative and International Private Law, Humboldt  Universität, Berlin, Germany
2005: Ph.D., Comparative and International Private Law, Humboldt Universität, Berlin, Germany
1997: Law Degree, summa cum laude, Università “LUISS – Guido Carli”, Rome, Italy

 

Publications:

Law Degree, summa cum laude, Università “LUISS – Guido Carli”, Rome, Italy

Cecilia Carrara is the author and co-author of numerous articles and commentaries including:

  • “New York Convention 60 years later: a never-ending search for a balance between comitas and internationality”, Rivista dell’Arbitrato, Anno XXVIII Fasc. 1 – 2018;
  • “Challenge of arbitral award for errors of law: Italian Constitutional Court upholds double-track mechanism”, Practical Law, 2018;
  • “Doing Business 2018: Reforming to Create Jobs”, World Bank Group, 2018;
  • “Danni punitivi, un’apertura alla nuova responsabilità civile”, Il Sole 24 Ore, 08.07.2017;
  • “Gli effetti dei lodi arbitrali e l’acquisto dell’efficacia esecutiva” in Commentario breve al diritto dell’arbitrato nazionale ed internazionale, L. Melchionda, C. Carrara, Wolters Kluwer – CEDAM 2° Edition, 2017
  • Liability of  directors  and  statutory  auditors  is  an  arbitrable  matter  (Italian  Supreme  Court)”, Practical Law, 2017;
  • “Italian Supreme Court decides important issues regarding international arbitration agreement”, Practical Law, 2017;
  • “Recusal of arbitrator cannot be appealed (Italian Court of Cassation)”, Practical Law, 2017;
  • “Note sulla consulenza tecnica negli arbitrati della CAM alla luce della prassi dell’arbitrato internazionale”, in La consulenza tecnica nel giudizio arbitrale, Azzali, Rojas Elgueta, Zoppini, Giuffre 2016, pp 198 and ss;
  • “Partial award on jurisdiction or preliminary issues not immediately challengeable before Italian courts (Italian Court of Cassation)”, Practical Law, 2016;
  • “Italian courts tend to uphold arbitral awards, study concludes”, Practical Law, 2016;
  • “Getting the Deal Through: Arbitration 2016” / Italy”, Law Business Research 2016;
  • “L’arbitrato per attrarre investimenti in Italia” – La Voce, 21.07.2015;
  • L’arbitrato societario allarga i confini”, Il Sole 24 Ore, 20.09.2015;
  • “Getting the Deal Through: Arbitration 2015” / Italy”, Law Business Research 2015;
  • “Giurisdizione italiana in materia fallimentare ed effetti del fallimento dichiarato all’estero, Trattato delle procedure concorsuali” (The jurisdiction of the Italian courts in insolvency matters and the effects of insolvency proceedings opened abroad), Trattato delle Procedure Concorsuali, supervised by Lucio Ghia, Carlo Piccininni, Fausto Seevrini, Utet, 2010;
  • Commentary on Articles 6 and 7, “The new rules on mediation in civil and commercial matters”, edited by Bandini/Soldati, ISDACI, Giuffrè 2010;
  • “COMI – Forum shopping and why timing is crucial”, Eurofenix, Summer 2008, 20;
  • “Regole di condotta per i colloqui di selezione degli arbitri” (Rules of conduct for interviewing prospective arbitrators), Rivista dell’Arbitrato, 2008, 117;
  • “Lo stato di insolvenza nel diritto fallimentare americano” (The concept of insolvency under US insolvency law), Stato di Crisi e stato di insolvenza, edited by G. Terranova, G. Giappichelli Editore, 2007;
  • “The Parmalat Case”, RabelsZ, giugno/luglio 2006;
  • “Interessenkonflikte bei Interessenwahrungsverträgen – Eine rechtsvergleichende Untersuchung nach italienischem und deutschem Recht und unter Berücksichtigung des Common Law” (Conflicts of interest in agency relationships – A comparative study between Italy, Germany and common law legal systems), Berliner Wissenschaftsverlag, 2005;
  • “Il conflitto di interessi nell’arbitrato commerciale” (Conflicts of interests in commercial arbitration), Diritto e Pratica delle Società, 23.05.2005;
  • “I principi europei di diritto fallimentare: un recente progetto accademico per l’individuazione di principi comuni europei sul fallimento” (The European principles of insolvency law: a recent academic project for the development of common European principles on insolvency), Riv. dir. fallim. e delle società commerciali, n. 3-4 /2004;
  • “Main changes in the system of corporate controls after the reform of Italian joint stock companies”, Diritto e Pratica della Società, n. 11-18.06.2014;
  • “Critical Analysis of the New Italian Rules on Arbitration in Corporate Matters”, International arbitration law review, n. 7/2004;
  • “Le nuove regole del governo societario negli Stati Uniti e in Europa” (The new rules of corporate governance in the U.S.A. and in Europe), Luiss University Press, Roma, 2004, Co-Autore con V. Panzironi, a cura di E. Ruggiero;
  • “L’onere della prova e i criteri di collegamento con un ordinamento straniero” (The burden of proof and the elements of connection with foreign legal systems in international private law), Il Foro Padano, n. 4/2003;
  • “Disapplicazione della “legge Prodi” ed esercizio dell’azione revocatoria” (Disapplication of the “Prodi law” and exercise of the revocatory action), Riv. dir. fallim. e delle società commerciali, n. 2/2002;
  • “Giurisdizione italiana in materia fallimentare ed effetti del fallimento dichiarato all’estero” (“The jurisdiction of the Italian courts in insolvency matters and the recognition of foreign insolvency proceedings), Riv. dir. fallim. e delle società commerciali, n. 3/2002;
  • “Il caso Centros Ltd. c. Erhvervs –og Selskabsstyrelsen e il criterio di collegamento internazionalprivatistico della sede effettiva” (The case Centros Ltd. c. Erhvervs -og Selskabsstyrelsen and the “real seat” doctrine in the conflict of laws principles), Riv. dir. fallim. e delle società commerciali, n. 4/2001;
  • “Principles of European Law on Security Rights / Italian Chapter” – Prof. S. Kortmann (Neijmegen University), Kluwer.

List of selected international commercial and investment arbitrations 

  • President of the Arbitral Tribunal in an ICC arbitration seated in Rome and governed by Italian law between Italian and US entities as Claimants and several Italian and French entities as Respondents concerning a dispute arising out of a share purchase agreement (pending).
  • Co-arbitrator in an ICC arbitration seated in Hamburg governed by German law, between an Italian entity and the German subsidiary of a multinational group concerning a dispute arising out of a services and logistics agreement (pending).
  • President of the Arbitral Tribunal in an ICC arbitration seated in Utrecht and governed by Dutch law between a German entity and an Austrian entity, concerning a dispute arising out of several related supply agreements (pending).
  • Sole Arbitrator in an ICC arbitration seated in Bucharest regarding a turnkey EPC contract governed by the FIDIC Conditions of Contract for Plant and Design Build (Yellow Book, 1999 ed.) between a Romanian State-owned entity and a Turkish contractor.
  • Sole Arbitrator in an ICC arbitration seated in Innsbruck between a German entity and an Austrian entity in connection with the non-performance of sale and purchase agreements concerning industrial supplies regulated by the Austrian law.
  • Co-arbitrator in a CAM arbitration seated in Milan concerning the breach of an investment contract and of a shareholders agreement, as well as the breach of relevant management agreements between the investment fund and the minority shareholder.
  • Co-arbitrator in CAM arbitration seated in Milan between an Italian multinational beverage company and an agent operating in Africa, in connection with the termination of the agency contract.
  • Co-arbitrator in two connected ICC arbitrations seated in Geneva and governed by the UK law, between an Italian group and an Egyptian group. The two arbitrations concluded with awards by consent.
  • Co-arbitrator in a LCIA arbitration seated in London, governed by German law, between an Austrian and a Russian company in connection with post M&A and termination of investment contracts.
  • President of the arbitral tribunal in a LCIA arbitration seated in Barcelona, governed by Romanian law, in connection with the non-performance of two “Soft EPC” contracts for the construction of two photovoltaic plants in Romania.

***

  • Co-Counsel to a foreign sovereign State (Kazakhstan) in recognition proceedings in Italy and enforcement issues connected to a foreign award obtained by foreign investors arising out of an investment arbitration seated in Sweden (pending).
  • Counsel in a CAM arbitration seated in Milan and governed by Italian law between an Italian claimant and two Italian respondents concerning a dispute arising out of a share purchase agreement related to an investment in the Czech Republic (pending).
  • Counsel in a CAM arbitration seated in Milan and governed by Italian law between a Kenyan claimant and an Italian person residing in Switzerland concerning a dispute arising out of a settlement agreement (pending).
  • Counsel for an Italian multinational group in an ICC arbitration seated in Paris in relation to the application and termination of a distribution contract with a Chinese entity. The dispute entailed also pending litigation in China. Our team assisted the Italian company in the arbitration, as well as in the coordination of the procedural strategy in front of the Chinese courts.
  • Counsel to TFA (together with the law firm White & Case), the Italian bondholders association representing around 60,000 Italian investors, in the famous ICSID arbitration proceedings pending against the Republic of Argentina, as a consequence of the default of the Argentina’s Republic.
  • Counsel to two Spanish construction companies in CAM arbitration proceedings seated in Milan against a number of energy companies, all of which were ultimately governed by a Chinese company controlling a Luxembourg investment fund, initiated in order to ascertain the liability of the energy companies and controlled SPVs for the unlawful termination of a turnkey EPC contract.
  • Counsel to a US multinational in ICC arbitration proceedings in Milan against two Irish respondents controlled by an Italian entity, due to the alleged breach of a long-term supply agreement; the arbitration also involved several complex IP issues and parallel litigation in front of the US courts.
  • Counsel to an Italian company in an ICC arbitration seated in Milan, in connection with the termination of a supply and distribution agreement with a Kuwait company. The matter is complicated by the existence of parallel litigation in Kuwait (still pending, inter alia respondent is resisting against the enforcement of the arbitral award).
  • Counsel to a German company in an ICC arbitration seated in Milan, concerning the alleged breach of a long term supply agreement and of a JV agreement with an Italian company.
  • Counsel to a German company in an international arbitration governed by the Swiss Arbitration Rules and seated in Zurich, claimed by an Italian company and concerning the alleged breach of a SPA for culpa in contrahendo.
  • Counsel to Ufficio Centrale Italiano – UCI (the National Italian Insurance Bureau) against the Versicherungsverband Österreich – VVO (the National Austrian Insurance Bureau) in arbitration proceedings arising out of insurance claims arising out of a major cross-border accident. The arbitration was seated in Milan and was governed by the Internal Regulations of the Council of Bureaux (COB), as to the substantive law, and by the UNCITRAL Arbitration Rules, as to the procedural law.

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