The relationship between the Italian court and foreign or international arbitration involves a question of jurisdiction. The identification of arbitration as international is determined according to the criteria established by...
In proceedings to challenge an arbitral award, the subject matter is not the ascertainment of facts, which belongs exclusively to the arbitrators, but the verification of the legitimacy of the...
Declaration of lack of jurisdiction by ordinary courts for the presence of a valid arbitration clause may be challenged only by jurisdictional regulation, rendering inadmissible any appeal against such pronouncement....
In arbitration clauses that refer all disputes to arbitral jurisdiction with express reservation to ordinary jurisdiction of those relating to breach of contractual obligations, disputes concerning reduction of consideration aimed...
An arbitration clause providing for informal arbitration is valid and effective without need for specific written approval under Article 1341(2) of the Civil Code, both because such provision applies exclusively...
The validity of an arbitration clause must be evaluated autonomously from the contract to which it refers, according to Article 808 of the Code of Civil Procedure, and the power...
Incorporation by reference (rinvio per relationem) of an arbitration clause contained in another contract is valid when it is express and specific, making reference to the contract of origin, the...
An arbitration clause providing for informal arbitration does not require specific written approval pursuant to Articles 1341 and 1342 of the Civil Code, unlike a clause establishing formal arbitration. The...
The existence of an arbitration clause does not exclude the jurisdiction of ordinary courts to issue a payment order (decreto ingiuntivo - a summary procedure for undisputed debts), given that...
The presence of an arbitration clause does not prevent requesting and obtaining from the ordinary court a payment order for debts arising from the contract, whilst preserving the respondent's right...
An arbitration clause that grants only one party the power to decline arbitral jurisdiction and request that the case be decided by ordinary courts is not invalid, as it does...
Challenge of an arbitral award for violation of rules of law on the merits of the dispute is not admissible when arbitral proceedings were commenced based on an arbitration clause...