Italian Society of Construction Law


Minutes of the ISCL Assembly of 1 March 2018

On Thursday 1 March 2018 at 6:10 pm, the Italian Society of Construction Law, shortly ISCL – hereinafter also ‘the Association’ – held a meeting in the office of Lawyer and Professor Giovanni Iudica in Milan, via Chiossetto 8, as per convocation by email of 8 February 2018, to discuss the following issues:
1) Relationship with the ESCL;
2) New possible scientific initiatives in the field of construction law;
3) Update on the research project on Dispute Avoidance;
4) Any other business

The meeting was attended
– in person, by the Association’s members Cattano, Colombo, Iudica, Mora, Martina Nardozzi, Nobile De Santis, Panetta, Stella, Ubertazzi;
– the following members justified their absence (due to the weather conditions and to problems in the public transportation system): Balbusso, Bertino, Carullo, Del Re, Ferrari, Ghezzi, Guarneri, Guzzetti, Lucchini Guastalla, Maroni, Mattioni, Nuzzo, Padovan, Patti, Roccioletti, Rubino Sammartano, Tessera, Viglino, Zoppis.

Chairman Prof. Iudica conducted the meeting, which started with the above point 1). The Chairman explained that the ESCL (European Society Construction Law) had recently assumed legal responsibility by becoming a foundation having its registered office in The Hague in the Netherlands. He further informed that the ESCL would hold its annual conference in Bucharest (Romania) in October 2018.
Prof. Iudica reported that the Ukrainian association was expected to join the ESCL, while countries such as Spain, Portugal, and Poland – though particularly active in the construction world – did not have a representative association that could join the ESCL.

The meeting continued with the above point 2). The Chairman illustrated the opportunity to organize at Bocconi University, at the Politecnico di Milano or at any other prestigious location, not necessarily in Milan, seminars aimed at students, scholars and professionals on innovative topics related to the construction world. In particular, the Chairman pointed out the following themes, suggesting potential speakers:
a) Construction law and green architecture: with reference to the vertical ‘Italian gardens’ and to the ‘Vertical forest’ in Milan, Prof. Iudica suggested inviting Architect Boeri, while Lawyer Cattano suggested involving as well the wellknown company Fratelli Ingegnoli;
b) Construction law and water architecture: with particular attention to the opportunities offered by the possible reopening of part of the Navigli canals in Milan, Prof. Iudica suggested inviting Architect and Professor Ubertazzi,
member of the Association;
c) Construction law and sports architecture. Paying attention to the problem of the two stadiums in Milan and, in general, to sports constructions (swimming pools, tennis courts…).
d) Construction law and sound architecture. With reference to the particular requirements for the construction or refurbishment of conservatories, theatres etc… As regards this point, the Chairman suggested involving Architect
Giussani, as an expert in this field;
e) Construction law and air architecture. With reference to the construction or to the modernisation of airports;
f) Construction law and new construction materials;
g) Construction law and street furniture, with the participation of Architect and Professor Ubertazzi, member of the Association;
h) Construction law and the world of fairs. With the participation of Architect Mario Bellini;
i) Construction law and the architecture of light. With the participation of Architect Groppi, as suggested by Lawyer Cattano, member of the Association;
j) Construction law and architecture of the spirit. With reference to the restoration of churches, mosques or other places of worship;
k) At the suggestion of Lawyer Cattano, member of the Association: construction law and the restoration of the ‘Mysterious baths fountain’;
l) At the suggestion of Lawyer and Professor Guarneri, member of the Association: common property and accession in building on common ground, in view of the recent sentence of the Joint Sessions (Supreme Court’s Joint
Sessions, 16 February 2018, n. 3873);
m) At the suggestion of Lawyer and Professor Mora: private property protection and drone usage.

All participants welcomed the proposals and declared themselves willing to help organising the seminars in the months to come.
Coming to point 3) of the agenda, the Chairman asked the Secretary, Lawyer Panetta,to give an update on the status of the research project on Dispute Avoidance launched by the ISCL and four Italian Universities: Bocconi University, Luiss University, the University of Modena and Reggio Emilia, and the University of Teramo.
Lawyer Panetta reported that the project proceeded in a most satisfactory way, and that many academics and professionals were involved; the work groups were currently preparing the application to participate in the PRIN 2017 tender. Winning the tender would provide considerable funding to continue the research project. Lawyer Panetta explained that the work groups would soon be requested to prepare a paper illustrating the state of the art of the research, and that the paper would be presented during a conference day to be held in April or May at Luiss University in Rome.
Lawyer Panetta further reported that he would personally attend next DRBF Annual International Conference and Workshop in Tokyo, from 23-25 May 2018, where he would present the above-mentioned project to a large audience of professionals. All participants welcomed the initiative and agreed that it was of great interest and prestige to the ISCL and its members.
The Chairman pointed out that the theme of Dispute Avoidance would probably be the subject of the 2019 annual Conference of the Centro Nazionale di Prevenzione e Difesa Sociale/CNPDS organised, as every year, at Courmayeur.

As to point 4) of the agenda, Professor Mora, Member of the Association, suggested evaluating the opportunity to develop an e-learning platform providing examples of sentences, educational materials and scientific information useful to the academic and professional world. All participants welcomed the proposal.
Lawyer Cattano, for his part, suggested organizing, in May, a meeting aimed at professionals on the theme of preventive technical appraisal and court-appointed experts in disputes concerning private construction contracts. All participants welcomed the proposal.
At the end of the meeting, the Secretary reminded the participants about the first Summer School in the field of construction contracts, organized by the ESCL from 2 to 7 July, informing that registration was now open.
The Chairman suggested attaching the ESCL’s flyer to the minutes of the present meeting and invited all participants to spread the information in order to guarantee a positive start to the European initiative.
As there were no further communications and nothing else to be deliberated, the Assembly broke up at 7:45 pm.

Milan, 1 March 2018

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