The pendency of arbitral proceedings does not preclude the filing of an application for urgent interim relief under Article 700 of the Code of Civil Procedure before the ordinary court,...
For the purposes of classifying the arbitration as institutional or contractual (arbitrato irrituale), the distinguishing criterion lies in the fact that in arbitration the parties intend the delivery of an...
While arbitral proceedings are pending, the ordinary court has jurisdiction to determine an application for interim relief pursuant to Article 818 of the Code of Civil Procedure, where the arbitration...
In case of doubt, an arbitration agreement is to be construed broadly pursuant to Article 808-quater of the Code of Civil Procedure, in the sense that the arbitral jurisdiction extends...
In the matter of arbitration, in respect of arbitration agreements entered into before the entry into force of Legislative Decree No. 40 of 2006, the challenge of the award for...
For the purposes of staying the enforceability of an arbitral award challenged pursuant to Article 829 of the Code of Civil Procedure, it is necessary to verify both the fumus...
The objection that the dispute should be referred to arbitration, based on an arbitration clause, constitutes a defence in the strict sense having as its object the assertion of a...
An arbitration clause which refers to arbitration disputes relating to the interpretation or performance of the contract, in the absence of an express contrary intention, confers upon arbitral jurisdiction exclusively...
An arbitration clause contained in a company's articles of association which does not confer the power to appoint all the arbitrators on a person extraneous to the company, as required...
In proceedings to set aside an arbitral award pursuant to Article 829 of the Code of Civil Procedure, where the arbitral tribunal bases its decision on a plurality of autonomous...
The inclusion of an arbitration clause does not preclude recourse to summary proceedings for the obtaining of an order for payment, since the objection of arbitration is not capable of...
Third-party opposition to an arbitral award, pursuant to Article 404 of the Code of Civil Procedure, is admissible exclusively where the opponent has an original interest in the arbitral dispute,...