The provision of an arbitration clause in the articles of association does not in itself permit recourse to interim relief ante causam pursuant to Article 700 of the Code of...
The declaration of lack of jurisdiction by the arbitral tribunal pursuant to Article 817 of the Code of Civil Procedure results in the lapse of the interim measure previously granted...
The challenge for nullity of an arbitral award is characterised as a challenge subject to restricted grounds of review, which excludes the possibility of conducting a review on the merits...
An arbitral award rendered against a general partnership constitutes an enforceable title also against the partners with unlimited liability, even though they remained outside the arbitration proceedings due to the...
In matters of arbitration proceedings, the act by which a party intends to rely upon, pursuant to Article 821 of the Code of Civil Procedure, the expiry of the time...
An arbitration clause devolving to arbitrators the resolution of disputes relating to the performance of a lease contract does not operate in the summary phase of proceedings for validation of...
In the event of failure by a party under an obligation to appoint an arbitrator, the President of the Court, acting pursuant to Article 810 of the Code of Civil...
An arbitration clause contained in a public works contract which refers to arbitrators disputes relating to the interpretation and application of contractual provisions encompasses all matters concerning the activities that...
In matters of arbitration, pursuant to Article 818, paragraph 2, of the Code of Civil Procedure, referred to by Article 838-ter, paragraph 4, of the Code of Civil Procedure, before...
An arbitration clause contained in the articles of association which entrusts the appointment of arbitrators to the shareholders' meeting is void for breach of Article 34 of Legislative Decree No....
Article 829, paragraph 3, of the Code of Civil Procedure, as reformulated by Article 24 of Legislative Decree No. 40/2006, applies to all arbitration proceedings commenced after the entry into...
A contractual arbitration award (arbitrato irrituale), although lacking the requirements of an enforceable title, constitutes a binding decision between the parties and produces legal effects that must be considered in...