In continuing legal relationships, the binding effect of the arbitral award that has acquired res judicata force in respect of the determination of a present situation is limited by the...
A statutory arbitration clause that expressly limits its scope to disputes relating to the interpretation and application of the company contract does not extend to liability actions brought against a...
An arbitration clause contained in the articles of association of a cooperative society, which submits to the cognisance of institutional arbitrators disputes arising between members or between members and the...
Arbitration clauses contained in the articles of association are valid and binding in respect of disputes relating to the validity of shareholders' resolutions, provided that they do not concern rights...
The objection to the jurisdiction of the ordinary court based on the existence of an arbitration clause cannot be raised by the court of its own motion and must be...
An arbitration clause contained in a contract is enforceable against the receiver in bankruptcy (curatore fallimentare) or the liquidation commissioner (commissario liquidatore) of insolvency proceedings when these act to enforce...
An arbitration clause inserted in the articles of association of an association is valid and binding upon persons who join the association by accepting the articles, without the need for...
The undertaking, if any, given by the parties with respect to the payment of the arbitrators' fees, pursuant to Article 814(2) and (3) of the Code of Civil Procedure, is...
A statutory arbitration clause that does not provide for the appointment of the arbitrators by a person unconnected with the company is void as contrary to mandatory law, even where...
The existence of an arbitration clause providing for institutional arbitration does not preclude the creditor from applying for and obtaining an order for payment from the ordinary courts, as that...
In contractual arbitration (arbitrato irrituale), the parties intend to entrust the arbitrators with the resolution of the dispute by means of a contractual determination, expressing the parties' own contractual will,...
An arbitration clause contained in a contract does not extend to disputes concerning extra-contractual services, even where connected to the original contractual relationship, when such services do not form the...