An arbitration clause inserted in the articles of association of a limited liability company, while having effect as between the company and its members, cannot automatically extend to third parties,...
An arbitration clause with a bipartite structure is not in principle incompatible with a plurality of parties, provided that a spontaneous grouping of the interests at stake into two homogeneous...
An arbitration clause is to be classified as providing for arbitration, and not contractual arbitration (arbitrato irrituale), where it lacks elements univocally indicative of the latter and contains expressions such...
The arbitration clause provided for by the by-laws of sports federations, referring to contractual arbitration (arbitrato irrituale) disputes of a purely pecuniary nature originating from sporting or associative activities between...
In the absence of an express contrary intention, an arbitration clause must be interpreted in the sense of conferring on the arbitral tribunal jurisdiction over all disputes relating to claims...
An arbitration clause contained in a procurement contract between undertakings, drawn up to regulate a specific commercial transaction and not intended to govern an indefinite series of relationships, does not...
An arbitration clause contained in a contract does not extend its effect to disputes relating to other contracts entered into between the same parties, even if connected to the main...
Arbitration, being jurisdictional in nature and substituting for the function of the ordinary courts, means that the objection of an arbitration agreement gives rise to a question of jurisdiction; contractual...
An arbitration clause contained in a validly concluded contract entails the lack of jurisdiction of the state court in respect of disputes relating to the performance of that contract, conferring...
The objection of arbitration constitutes a question of lack of jurisdiction of the state court which must be examined as a matter of law pursuant to Article 819 ter of...
Where a company must be a defendant or must be joined as a necessary party in arbitral proceedings concerning the challenge of shareholders' meeting resolutions appointing its governing body vested...
The objection of lack of jurisdiction of the ordinary court based on the existence of an arbitration agreement constitutes an objection that cannot be raised by the court of its...