An arbitration clause contained in an agency contract which refers to the arbitration rules established by an association representing a category of economic operators must be interpreted restrictively, with reference...
An arbitration clause contained in a memorandum of understanding entered into between a consortium of local authorities and an individual member municipality, which refers to arbitrators disputes relating to the...
The connection between disputes arising from a plurality of contracts, of which only some contain an arbitration clause, does not affect the operation of the arbitration agreement nor does it...
The ordinary court, whilst having jurisdiction to issue an injunction order notwithstanding the existence of an arbitration clause in the contract from which the claim arises, loses such jurisdiction where,...
The serious reasons of convenience provided for by Article 815, No. 6-bis, of the Code of Civil Procedure as grounds for challenge of an arbitrator cannot be identified with the...
The plea of arbitration agreement raised by the defendant in ordinary proceedings, aimed at asserting the existence of an arbitration clause, does not automatically result in the acceptance of the...
The plea of arbitration agreement raised by the defendant in ordinary proceedings does not automatically determine the outcome of the dispute in favour of a declaration declining jurisdiction in favour...
The objection of lack of potestas iudicandi of the arbitrators, based on the nullity of the arbitration clause for lack of specific signature pursuant to Article 1341, paragraph 2, of...
The presence of an arbitration clause in the contract which is the subject matter of the proceedings determines the lack of jurisdiction of the ordinary court to hear the dispute,...
An arbitral award, once communicated to the parties, constitutes valid title to establish the creditor's standing to bring an ordinary revocation action pursuant to Article 2901 of the Civil Code,...
The determination issued by the Technical Advisory Board, established pursuant to Decree-Law No. 76/2020, which rules on the termination of a contract for works, has the nature of a contractual...
The distinction between institutional arbitration and contractual arbitration (arbitrato irrituale) is not based on the circumstance that only in the former the parties have delegated to the arbitrators a function...