ERMENEGILDO MARIO APPIANO
(ITALY)
www.appiano.info
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LAWYER (avvocato) and MEDIATOR
Admitted to Italian Bar (since 1992) and to plead in front of Italian Supreme Court (since 2009).
Practice areas:
- European Community Law
- Real estate, property and condominium law
- Business law
- Wine and spirits law
- A.D.R. (Alternative Dispute Resolution)
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MEDIATOR (recognized by Italian Ministery of Justice):
- Camera Arbitrale del Piemonte
- AEQUITAS ADR >>
MEDIATORS TRAINER (recognized by Italian Ministery of Justice)
ARBITRATOR:
- Camera Arbitrale del Piemonte
- REAM/ENDR (Reseau Europeen d'Arbitrage et Mediation / European Network for Dispute Resolution ) network.
- former "pro bono" layer in front of CAS (Court of Arbitration for Sports) Ad Hoc Panel, during 2006 winter Olimpic games
OFFICE
via Pietro Micca 9
I -10.121 Torino
ITALY
(map)
EDUCATION
Master on China Law, Tor Vergata University, Rome, 2006.
PhD in European Communities Law (Dottore di Ricerca), with a thesis on the Protection of rights acknowledged to the individuals by the Community - Rules against violations committed by member States (Universities of Trieste, Roma and Genova - joint research program, 1998).
International workshop on food and beverage law, IULM Milan University, November 2008.
Workshop " Das herz der business-mediation ", organized by Europa-Universität Viandrina e Inmedio, hold by Erica Ariel Fox, Harvard University Program on Mediation (PON), Berlin, 2007.
Mediation days in Portoroz, Slovenia, 2007 (EU Commission program).
E-training on " Cross-border mediation ", 2007/2008, financed by EC Commission
Workshop Médiation (WIPO - World Intellectual Property Organization, Geneva, 2005)
International Workshop " Mediation culture and practice in the Mediterranean Area ", organized by CERIUM (Centro di ricerca per lo sviluppo ed il recupero del potenziale umano), Cagliari, November 2005.
Masterclass Médiation (BBMC - Brussels Business Mediation Center, Bruxelles, 2001).
Workshop " Mediation, justice et entreprise: vers une approche europeenne ", organized by Centre de mediation ed d'arbitrage de Paris (Paris, May 2001).
Training on mediation in commercial and consumers disputes, Camera Arbitrale del Piemonte, Turin (between 1994 and 1999).
EU funds and projects (ISPI - Istituto per gli Studi di Politica Internazionale, Milan, 2007).
Summer sessions on private international law (Hague Academy of International Law, The Hague, 1990 and 1992).
Training on arbitration (A.I.S.A. - Associazione per l'Insegnamento e per lo Studio dell'Arbitrato e del Diritto del Commercio Internazionale and Curia Mercatorum), Treviso, october 1999.
Degree in Law, with thesis on Know-how transfers in the European competition regulations. Commentary on EEC Commision Regulation n° 556/89 (Turin University, 1990).
LECTURES
(hold as a professor)
Relationships between EC and national law (post-graduate master for admission to legal profession in Italy, organized by Università Cattolica in Milan, from 2001 to 2007).
International commercial concilation (post graduate master on mediation and other ADR systems, organized by University of Sassari, 2006).
On-line concilation (post graduate master on mediation and other ADR systems, organized by University of Turin, School of Management, 2007).
EC wine law (post graduate master on food law, organized by University of Torino, 2007).
Italian law on bonds and guarantees (training course organized by University of Turin, School of Management, 2009).
Basic course on EC law essentials, direct to trade-union managers (on the behalf of Università Cattolica in Milan, January - June 2001).
Mediation in Europe (specialization course on Consumer law, organized by Turin University and UnionCamere, Italian Chamber of Commerce, January, 2002).
SCIENTIFIC WORKS
(articles and books)
- on A.D.R themes:
Mediation and civil procedure law, in Contratto e Impresa / Europa, 2002, p.1.
Short commentary about UNCITRAL model law on international commercial conciliation, in Contratto e Impresa / Europa, 2, 2003, p.1341.
ADR - negotiation of economic conflicts, IPSOA, Milan, 2005
(ISBN 88-8363-708-9).
ADR systems in EC law, in Contratto e Impresa / Europa, I, 2009, p.59.
Author of the presentation to the publication (in Contratto e Impresa/Europa, II, 2001, p.983) of the research on ADR systems in Europe, realised by CMAP (Centre de Médiation ed d’Arbitrage de Paris - Francia), with the help of BBMC (Brussels Business Mediation Centre - Belgio), NMI (Stiching Nederlands Mediation Instituut - Paesi Bassi), CEDR (Centre for Dispute Resolution - Regno Unito) and UnionCamere (Italia), financed by EU Commission through <<MARC 2000>> program (Modes Alternatifs de Réglement des Conflits).
- on other subjects:
State aids to public companies and privatization in the competition community law, in Diritto Comunitario e degli Scambi Internazionali, 1994, p.317 (special mention of Jacques Lassier Prize Jury, 1994 edition, organized by the “Ligue Internationale du Droit de la Concurrence”).
Allocation of funds to public holdings and competition community law on State aids, in Diritto Comunitario e degli Scambi Internazionali, 1996, p. 107;
Italian law on bankruptcy of great enterprises and EC rules on State aids, in Diritto dell'Unione Europea , 1996, p. 751;
European Parliament right of annulment appeal, in <<The annulment appeal in EC Treaty>>, Milan, 1998 (acts of the intervention during a congress on EC Treaty article 173, held at Milan on March 29th, 1996).
New perspectives for the monitory protection of credits deriving from contracts towards foreign debtors, in Contratto e Impresa / Europa, 1996, p. 457. The text of my petition to the Court of Turin, that has allowed the injunction reversing 40 year's tendency followed by Italian judges, was published in Giurisprudenza Italiana, 1996, I, 2, p.821.
Co-operation between the EC Commission and national judges in the fields of State aids, in Contratto e Impresa / Europa, 1996, p. 886.
The Amsterdam Treaty, in Contratto e Impresa / Europa, 1997, p. 800
Legal remedies available to pharmaceutical industries in the European procedures for the authorization to market medicines, in Cronache Farmaceutiche, 1997, p. 177, and in Rassegna di Diritto Farmaceutico, 1997, p.949.
Compatibility of special treatment («Amministrazione Straordinaria»), reserved by Italian bankruptcy law to large companies in critical economic conditions, with competition community law: a few improvements, in Contratto e Impresa / Europa, 1998, p.1062.
Monitory protection of credits deriving from contracts towards foreign debtors: considering the recent EC Court decision, last chances are in Italian Parliament hands, in Contratto e Impresa / Europa, 1999, p.686.
Compatibility of the new rules on special treatment («Amministrazione Straordinaria»), disposed by the reformed Italian bankruptcy law to large companies in critical economic conditions, with competition community law , in Contratto e Impresa / Europa, 2000, II.
The impact of EC law on privatization: between favor and rigor (will be published in Contratto e Impresa / Europa, 2000, II). This work will also be collected in an multi-authors opera (<<Servizi essenziali e diritto comunitario>> , Torino, 2001) on the liberalization process, actually in act in the European Union, and will be used as student study-book in the International Law Course at Milan University (Università Cattolica del Sacro Cuore).
Monitory protection to recovery credits from foreign debtors: finally allowed in Italy!, in Contratto e Impresa / Europa, I, 2002, p.663.
EC rules for marketing authorizations of pharmaceutical products and their trade-names: the implications, in Cronache Farmaceutiche, 2003, p.55.
Marketing authorization for generic medicines in EU law, in Contratto ed Impresa / Europa, 2005, p.453. A second release, revisited in 2006, is published with the title <<EC rules on marketing authorization for generic medicines>> in Cronache Farmaceutiche (online review);
Law protecting buyers of buildings under construction, in Il condominio giuridico, 2006, 1.
The position of European Parliament and Commission on industrial delocalizations, in Contratto e Impresa / Europa, 2, 2006.
Child rights to play in condominium common spaces, in Il Condominio Giuridico, 2, 2006.
Law protecting buyers of real estate under construction, Naples, 2005, (ISBN 88-513-0383-5).
The new EC regulation on pediatric medicines, in Rassegna Diritto Farmaceutico, 2007, p.1.
Cellar techniques and geographical names protection in the agreement between UE and USA on wine commerce, in Contratto e Impresa / Europa, 2007.
Renting a building today – A guide to draft contracts, Naples, 2007.
The new EC regulation on spirit drinks, in Contratto e Impresa / Europa, I, 2008, p.444.
Cellar techniques and geographical names protection in the agreements on wine commerce signed by European Community with USA and other States, published in the book Quality indications for foods - International and EC law, Milan, 2009.
Consumer position in the new EC wine common market organization, in Contratto e Impresa / Europa, II, 2009, p.993.
Author of the presentation to <<A synthetic exposition on the <<green>> principle qualifying the project of a Green Civil Code for China>> , by XU GUODONG (professor of roman and civil law in Xiamen University), on Contratto e Impresa / Europa, I, 2008, p.414.
Co-author of a comparative research on main arbitration regulations for international trade disputes. Such research (held in the years 1999 and 2000) was financed by Italian govern and had the scope to verify the existence of common principles that discipline the arbitration procedure in the world.
The text of all my scientific works (books excluded)
are also published on: www.appiano.info
MEMBERSHIPS
AEA Internacional - Asociaciòn Europea de Abogados
Editorial Committee of the Italian law magazine "Contratto e Impresa / Europa".
AEQUITAS-A.D.R . (Association for ADR promotion and diffusion): Vice-President
UGIVI (Unione Giuristi della Vite e del Vino).
