BATINI TRAVERSO & ASSOCIATI STUDIO LEGALE
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1 BATINI TRAVERSO & ASSOCIATI STUDIO LEGALE
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4 The Firm The Firm Batini & Associates was established in 1960 by the founding partner Giuseppe Batini, still acting as of counsel. The main specialization at the time was banking and commercial law when Alberto Batini, son of the founder, in 1993 joined the Firm after a long trainee period in a London law firm and improved the maritime and international business opening a network of local offices and correspondents in all the main ports of Italy and abroad. Alberto in turn brought in a few years after, Mrs Silvia Traverso, who came from the Genoa law firm of Prof. Ferraro, and Mrs Fausta Pezzati, still our resident partner in Genoa. Other associates joined and in 1999 the Firm counted 20 lawyers among partners, senior and junior associates. The Firm opened in Milan, Genoa, Ravenna, Naples and Rome. Internationally, the Firm signed association agreements with Russian and Chinese law firms. At the same time, expanded to the U.S. market and entered into a cooperation with some New York based law firms. In 2006 the Firm joined another Genoa Law Firm and created BB & Partners, a network of law firms specialized in international law, insurance law and shipping.
5 In 2009 the Firm renamed to Batini Traverso & Associati under the new brand of BT & Associati. In 2010 Valerio Fenati became a resident partner in Ravenna. In 2011 Ottavia Pizzo was appointed as a Partner in Livorno. The Firm now avails of over 20 in-house lawyers spread over the main offices of Genoa, Milan, Livorno, Ravenna, Naples, Rome plus an extended network of local correspondents in the main Italian ports, and in the more important international business centres with a special focus on the United States, the eastern countries of Russia and the Ukraine and the Far East. Befitting to the in-house skills and the extended network of correspondents, the Firm provides worldwide specialized legal services, among others, on general liability, professional liability, medical malpractice, D&O, marine and insurance law, arbitration and litigation, sales & purchase of ships, real estate and commodities, shipbuilding, purchase and building of pleasure yachts, taxation, international finance, property, environmental liability and alternative energies (PV and solar, wind, geothermal). The Firm also supplies advice and assistance on the establishment and management of limited liability companies both in Italy and in many other European and non European countries as vehicles for local and international investments. The Firm participates in the international business market with a complete but flexible structure which has been developed over the years, always keeping the vocation as a boutique firm which can provide a tailor made and customised service to clients.
6 Areas of Practice Litigation and Arbitration Over the years, the Firm s partners and associates have developed extensive and consolidated experience in the field of contentious issues, successfully handling complex and delicate disputes and providing assistance and advice at the pre-contentious stage, with a view to the onset of a dispute achieving an out of court settlement. With this expertise, the Firm represents clients in litigation concerning medical malpractice and professional liability, D&O, marine insurance disputes, shipbuilding and ship sales and purchase disputes, charter party disputes, enforcement of foreign judgments and awards, arrest of vessels. The Firm is very active in the field of arbitration in Italy and abroad, where partners represent clients in the various proceedings and also act as arbitrators, at times appointed by the institutional bodies operating in this field.
7 Areas of Practice Non Contentious Business Shipping Finance The Firm provides assistance to international buyers and sellers of ships and yachts from MOA negotiations to documents settings until completion, including escrow accounts managements, ship and yacht registrations in any international register required, KYC compliance, problem solving on general and specific taxation issues as well as any insurance related matters. On the financing side, the Firm assists the client and its Bank in negotiating and stipulating the loan agreement, complying with finance documentation, dealing with mortgage registration formalities in any international register required. The Firm acts regularly in Italy for major banks, ship owners and international brokers worldwide. Shipbuilding The Firm provides professional assistance to Builders, ship owners and yacht owners in negotiating the Ship Building Contract and drafting any related documentation, liaising with the class register and ship s register to ensure a complete harmonization of the vessel s licenses and documentation, as well as compliance with the preferred tax regime. Assistance with insurance related matters is also afforded through our insurance experts. Where financing is required or refund guarantees are involved our experts will ensure the most adequate financing scheme and the proper contractual wording.
8 Areas of Practice Marine Litigation The Firm offers assistance in defense of ship owners interests in salvage, collisions and other accidents of navigation, as well as in cargo recovery on behalf of cargo underwriters and receivers, ship arrests and marine insurance disputes. The Firm is also active in the Reinsurance Industry and offers advice and assistance in related litigation issues. We handle ship sales and purchase, and ship building related disputes on behalf of ship owners, yacht owners and builders as well as defense insurers. Enforcement of foreign judgments and awards The Firm assists in applications to obtain exequatur of foreign judgments or arbitration awards, service of same and enforcement in Italy by attachment of bank accounts, mobile goods, real estate or credits of the defendant debtor. The Firm cooperates with leading private investigators for assets appraisal activity, identification of funds and attachments. General Liability and D&O The Firm provides assistance in GL disputes and D&O disputes on behalf of insurers and reinsurers, as well as public and private bodies. Our GL experts have great litigation experience over many years of court disputes with highly satisfactory results, close cooperation with insurers experts and commercial approach in settlement of meritorious claims to minimize legal fees where a court litigation appears no longer necessary.
9 Areas of Practice Medmal and Professional Liability It is our philosophy to defend vigorously all non-meritorious claims. Equally important is our early identification of claims that represent some exposure to our clients, and our ability to determine the extent of that exposure. This determination frequently involves locating and identifying qualified physicians, nurses, and other health-care specialists who can provide expert testimony to defend against malpractice claims when a trial becomes necessary. On the other hand we are also strong believers of settling meritorious claims under best possible terms and conditions. There are several right times in the handling of a claim to activate a negotiation effort and to pursue it. We are very attentive not to miss any of such opportunities. We work with individual physicians, as well as risk managers for our institutional clients and assist them in minimizing exposure to malpractice claims. This involvement includes reviews of various policies and procedures and conducting risk management seminars. Mediation Some of our Partners are qualified for professional obligatory mediation and others are admitted to Supreme Court advocacy, so we can directly cover both areas without additional costs of external experts.
10 Partners Alberto Batini Born in Livorno on 27th June 1967 Graduated at the University of Pisa Law School in 1990 (110/110 with honors) with a dissertation on The European Economic Interest Group: an application in the Shipping Industry. In Alberto has been assistant solicitor with the London law firm Sinclair Roche & Temperley (now Stephenson Harwood). Later in 1992 he has been assistant claims handler at Standard Steamship Owners P&I Club, Charles Taylor & Co. in London. In 1993 he attended the University of Southampton, Faculty of Law, Institute of Shipping Law and obtained the 18th Maritime Law Degree. Alberto is a Partner with the Italian law firm Batini & Associati, later renamed Batini Traverso & Associati, since In 1995 he achieved a post graduate Doctorate (PHD) in Shipping and Transport Law at the consociated Universities of Trieste and Genoa with a monography on The law of Tug and Tow Public and Private Law Profiles. Since 1998 Alberto is Vice-President of the Ibero-American Institute of Maritime Law (IIDM) Italian Section. He has written many editorial articles on Shipping and Transport Law published in specialised reviews and publications. Former Member of the Steering Committee of the Italian Association of Maritime Law (IAMA) and active member of the Italian Working Group for Maritime Liens and Mortgages and Arrest of Ships at the CMI Centenary Conference held in Antwerp in June 1997, and at the CMI Plenary Session Conference held in Singapore in 2000 and in Vancouver in Alberto is admitted to advocate to the Italian Supreme Court. His areas of expertise are Marine Insurance Law, Ship Arrest, Litigation and Arbitration, Transport and Logistic international contracts and tenders, Alternative Energies Contracting. a.batini@bbpartners.it
11 Partners Silvia Traverso Born in Genoa in 15th September Graduated at the University of Genoa in 1984/85 (110/110 with honors). Winner of the Princivalle award by the Genoa Bar following best admission examination at the Bar exam, taken at Genoa Court of Appeals in 1989 Member of the Genoa Bar Association since October 26, Member of the Livorno Bar Association since March 19, Silvia is admitted to advocate to the Italian Supreme Court. Silvia is a Partner with the Italian law firm Batini & Associati, later renamed Batini Traverso & Associati, since Taking advantage of her previous professional experience in the field of marine insurance and personal injury (crew) claims, started in 2002 to work and cooperate with major Italian TPA and Loss Adjusters for the Lloyd s Market, and for many Italian and International Insurance Companies in the field of civil professional liability with specific reference to medical malpractice, following insurers cases all over Italy. Performing outside legal consultancy for the handling and the loss adjustment of medical malpractice claims for various private and public Italian hospitals. With experience also in Bankruptcy Law, Silvia has been often appointed by Livorno Court to examine and follow several procedures. Also works with many authority/government agencies handling cases concerning their liability as well as assisting them in resolving complex issues of coverage D&O. Since 2007 regularly reads as a lecturer for post-graduate professional development courses with regards to civil professional liability for different bodies. On September 2010, obtained title of Mediator in Corporate Law for civil and commercial settlements according to new Italian legislation (d.leg. 4 marzo 2010, no. 28). s.traverso@bbpartners.it
12 Partners Fausta Pezzati Born in Genoa, on 1st March 1974 Fausta graduated cum laude at the University of Genoa Law School in 1998 with a dissertation on: Conflicts of Law in Shipping Collisions and Aid at Sea. As soon as graduated she started to practice with Batini & Associati, later renamed Batini Traverso & Associati. She was admitted to the Bar in 2001, and in the same year became an associate of Batini & Associati at the Genoa branch office. In 2004 she attended a trainee program at a legal firm in New York specialized in maritime and transport law. The same year she obtained the Certificate in P&I Insurance issued by the Skuld School. In 2009 Fausta became a resident partner of Batini Traverso & Associati with the management of the Genoa branch office. She is specialized in transport law. In particular she has handled various matters on contracts of carriage of goods by sea and road, disputes on charter-parties and bills of lading, arrest of ships and liens on cargos. She has also specific experience in insurance and international law, and has taken part in international seminars on transport and insurance matters. On February 2011, she became a professional mediator to handle conciliations on commercial and civil settlements according to new Italian legislation (d. leg. 4th March 2010 n. 28) f.pezzati@bbpartners.it
13 Partners Luca Valerio Fenati Luca Valerio Fenati graduated from the University of Bologna (October 2000), Honors Degree in Law, discussing a thesis in Commercial Law on Joint Venture and R.A.T.I. - temporary grouping of enterprises. After he attended for one year the Institute Enrico Redenti in Bologna, a high level school incorporated in the same University for specialization in the legal profession, research and study side by side with professors, in the role of assistant, for maritime, international and commercial matters. In 2001 he joined BB & Partners, a professional association including Batini Traverso & Associati, as a trainee-lawyer. He specialised in Maritime Law for the arrest of ship, lien, cargo claims, judicial surveys, litigation and non litigation involving contractual disputes on charter parties/bills of lading, marine insurance, cargo claims shortages and various damages affecting the cargo- developing also a technical qualification and in field experience by continuous cooperation and confrontation with maritime surveyors with the aim of enhancing the defence of clients joining the legal and technical knowledge. He also managed claims in general Commercial/Corporate law mainly in judicial claims in respect to international trading and transactions. He acted in the role of litigation lawyer from the very beginning of his career developing both specific mastering of Procedure Code and a challenging attitude with the counterparties. In Civil Law he acquired specific skills and experience in medical liability claims (medical negligence), also attending a master on this matter. He has written several opinions and reviews for main P&I Clubs, as well as international clients in UK, Japan, China and the Russian Federation and had various meetings and updating courses held by the same Clubs, international law firms and insurance companies. After cooperating with important Italian law firms he became a partner of Batini Traverso & Associati in He concentrates his activity running the Ravenna office (as resident partner) but also attends the firm s offices in Genoa, Livorno and Milan. v.fenati@bbpartners.it
14 Partners OTTAVIA PIZZO Born in Naples on 9th May Degree in Law earned at the University La Sapienza of Pisa in 2006 with final thesis on criminal procedure entitled Right to Silence in the English Criminal Procedure Assessment of the Criminal Justice and Public Order Act One year university exchange program in Spain, where Ottavia was assistant solicitor with the Barcelona law firm Delas&Prat. She speaks fluently English and Spanish. Chartership Law training at a law firm in Pisa from The training was mainly focused on the application of Civil and Workers Law. In house counsel for a major Lloyd s adjuster since Member of the Pisa Bar Association from Ottavia started her collaboration with the Italian law firm Batini & Associati, later renamed Batini Traverso & Associati in She is now a Partner with the firm where she handles mostly insurance cases, with specific reference to medical malpractice and professional liability, and cooperating with major Italian TPA and Loss Adjusters for the Lloyd s Market. She presently follows medmal cases representing Assured and Insurers in Court, as well as cooperating with Italian loss adjusters and their in-house lawyers in advising, examining and handling cases and assisting in estimating reserves. Also consultant to self assured Italian hospitals. Ottavia works with many authority/government agencies handling cases concerning their liabilities. She is currently attending the most relevant courses relating to medical malpractice liability, with particular reference to those organized by the lider-lab superior school of Sant Anna who constantly follow the developments of the jurisprudence on the subject. o.pizzo@bbpartners.it
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