In contractual arbitration, given its nature aimed at integrating a contractual expression of will substituting that of the parties in conflict, the award may be challenged for defects that can...
An arbitration clause contained in condominium regulations must be interpreted, absent contrary intention, in the sense that all cases where the regulations may represent a constitutive fact of the claim...
An arbitration clause referring to every dispute relating to interpretation and performance of the contract does not include a claim for damages based on non-performance of the arbitral award, because,...
In contracts between businesses, an arbitration clause is not subject to specific written approval under Articles 1341 and 1342 of the Civil Code when the contract cannot be qualified as...
The objection of inadmissibility due to presence of an arbitration clause finds no acceptance when the case does not concern exact interpretation of the contractual regulation, but validity of assembly...
An arbitration clause referring to arbitrators disputes about interpretation, performance and termination of the contract, absent express contrary intention, gives arbitral jurisdiction only to disputes referring to claims whose cause...
The interpretation of the contract operated by the referees constitutes assessment of fact not unionable in the judgment of appeal of the award, Salvo the case in which the motivation...
The obligation of the specific approval per member of the clause compromise ai senses of art. 1341 code civ. Is respected even in the case of call numerical a clause,...
Power of attorney issued for arbitration proceedings does not automatically enable the lawyer to represent in ordinary proceedings, constituting a "special" mandate not equivalent to power of attorney under Article...
Existence of an arbitration clause does not exclude ordinary court jurisdiction to issue a payment order, but requires it, in case of subsequent opposition, to declare nullity of the opposed...
The defect of jurisdiction of the judge Italian deriving from clause turmoil per arbitration abroad not is detectable ex officio the relative exception si consider tacitly renounced when the agreed,...
In virtue of the principle of autonomy of the clause compromise respect to the shop which is it reports, the clause compromise not constitutes a accessory of the contract in...