An arbitral award that has been set aside, whilst lacking binding effect, may be used by the court as mere probative documentation from which to derive factual elements useful to...
In matters concerning the challenge of arbitral awards, voluntary intervention by the administrator of the judicial liquidation (liquidazione giudiziale) of the original party is admissible in cassation proceedings, albeit within...
The arbitration clause contained in condominium regulations which excludes from contractual arbitration (arbitrato irrituale) disputes concerning "primary rights arising from titles of acquisition" must be interpreted as referring to violations...
An objection founded on an arbitration clause for contractual arbitration (arbitrato irrituale) does not raise a question of jurisdiction or competence in the technical sense, but rather a question of...
An arbitration clause contained in condominium regulations or multi-ownership regulations unilaterally drafted by the builder-seller and referenced in a sale and purchase agreement concluded between a professional and a consumer...
A declaration of *lis pendens* in an arbitral award regarding claims already subject to ordinary court proceedings does not constitute nullity of the award under article 829 of the Code...
The challenge to an arbitral award under article 829 of the Code of Civil Procedure is limited in scope and does not permit a review on the merits of the...
The presence of a contractual arbitration (arbitrato irrituale) clause does not preclude the availability of interim proceedings under art. 700 of the Code of Civil Procedure before the ordinary court,...
The presence of an arbitration clause excludes the admissibility of an application under art. 696-bis of the Code of Civil Procedure for preventive technical expert evidence, as such institute, not...
The objection regarding the arbitrator's lack of power of ius dicere constitutes a procedural objection that must be timely raised in the arbitral proceedings, on pain of waiver, and cannot...
The reiteration of an application for suspension of the executory effect of an arbitral award, already rejected, is admissible under Article 283, paragraph 2, of the Code of Civil Procedure...
The classification of arbitration as institutional or contractual depends on the will of the parties as expressed in the arbitration agreement. When the parties have unambiguously defined the arbitration as...