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 does not preclude the ordinary court from issuing a payment order (decreto ingiuntivo), since the lack of ordinary jurisdiction relates to the adjudication of disputes that presuppose...
The assignee of a claim arising from a contract containing an arbitration clause does not acquire title to the distinct and autonomous arbitration agreement and cannot invoke said clause against...
The power of attorney granted by a party to counsel for institutional arbitration proceedings is equivalent to that issued for ordinary civil proceedings and confers upon such counsel the ius...
An objection to jurisdiction based on the existence of an arbitration clause for institutional arbitration must be raised promptly in the first statement of defence pursuant to Article 819-ter of...
An arbitration clause contained in the articles of association, which provides for the referral to arbitrators of disputes connected to the corporate contract, extends to disputes concerning a member's withdrawal...
In matters of corporate arbitration, the power of arbitrators to issue interim measures must be expressly conferred by the parties either through the arbitration agreement or by written instrument prior...
The duty of arbitrators to invite adversarial debate on issues raised of their own motion, as provided for in Article 101, paragraph 2, of the Code of Civil Procedure, relates...
The annulment of a contractual arbitration (arbitrato irrituale) award for excess of jurisdiction beyond the limits of the arbitration clause, pursuant to Article 808-ter, paragraph 2, n. 1, of the...
An arbitration clause providing for institutional arbitration, by conferring upon the arbitrator a mandate to exercise a function of a jurisdictional nature, gives rise to a lack of jurisdiction of...
Each arbitrator has standing to apply to the President of the Court for the assessment of their own fees pursuant to Article 814, paragraph 2, of the Code of Civil...
A clause providing for the non-appealability of a contractual arbitration award (arbitrato irrituale) does not preclude challenge on grounds of defects that may affect contractual intention, including breach of an...