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...
The objection based on an arbitration agreement in regular arbitration has a procedural character and constitutes a question of jurisdiction pursuant to Article 819-ter of the Code of Civil Procedure....
A partial award is immediately challengeable pursuant to Article 827, paragraph 3, of the Code of Civil Procedure only when, deciding on one or more claims, it has defined the...
The arbitrability of disputes is the rule, whilst non-arbitrability constitutes the exception pursuant to Article 806 of the Code of Civil Procedure. Non-arbitrability occurs when the dispute has as its...
A preliminary objection based on an arbitration clause timely raised in opposition to an injunctive decree, when the arbitration is of a regular nature, constitutes a question of jurisdiction pursuant...
An agreement for prorogation of jurisdictional competence, including arbitration clauses, exerts efficacy also in respect of persons who are assignees of the credit who have succeeded to the position of...
The vis attractiva of the arbitration clause operates in respect of all disputes which have their own causa petendi in the contract containing said clause, with the exclusion of those...
The judgment by which the judge denies his own jurisdiction in application of an arbitration clause is appealable exclusively by means of necessary reference on jurisdiction pursuant to Article 42...
To establish the admissibility of challenge of an award for violation of rules of law on the merits of the dispute pursuant to Article 829, paragraph 3, of the Code...
The validity of an arbitration clause which derogates from Italian jurisdiction in favour of foreign arbitrators must be evaluated according to the law chosen by the parties to govern the...
Arbitration clauses in contracts between professional and consumer are presumed unfair pursuant to Article 33, paragraph 2, letter t), of Legislative Decree 206/2005, consisting as they do in a derogation...
An arbitration clause which devolves to arbitrators disputes connected with the corporate contract must be deemed extended also to the dispute concerning the withdrawal of a shareholder from the company...