A preliminary objection based on an arbitration clause timely raised in opposition to an injunctive decree, when the arbitration is of a regular nature, constitutes a question of jurisdiction pursuant...
The objection based on an arbitration agreement in regular arbitration has a procedural character and constitutes a question of jurisdiction pursuant to Article 819-ter of the Code of Civil Procedure....
An agreement for prorogation of jurisdictional competence, including arbitration clauses, exerts efficacy also in respect of persons who are assignees of the credit who have succeeded to the position of...
The vis attractiva of the arbitration clause operates in respect of all disputes which have their own causa petendi in the contract containing said clause, with the exclusion of those...
The judgment by which the judge denies his own jurisdiction in application of an arbitration clause is appealable exclusively by means of necessary reference on jurisdiction pursuant to Article 42...
To establish the admissibility of challenge of an award for violation of rules of law on the merits of the dispute pursuant to Article 829, paragraph 3, of the Code...
The validity of an arbitration clause which derogates from Italian jurisdiction in favour of foreign arbitrators must be evaluated according to the law chosen by the parties to govern the...
Arbitration clauses in contracts between professional and consumer are presumed unfair pursuant to Article 33, paragraph 2, letter t), of Legislative Decree 206/2005, consisting as they do in a derogation...
In matters of arbitration, the exception relating to the existence of an arbitration clause is procedural in nature and constitutes a question of jurisdiction which is not of a mandatory...
The procedure for determining fair compensation for employee inventions, governed by Article 64, paragraphs 4 and 5, of the Industrial Property Code (c.p.i.), constitutes arbitration and not contractual determination pursuant...
A corporate action for liability exercised by the bankruptcy liquidator pursuant to Article 146 of the Bankruptcy Law, being pursued for the protection of the corporate patrimony and drawing its...
The subsistence of a conflict of interests between the director of a company and the company itself, determined by the circumstance that the director is defendant in arbitral proceedings brought...