In consideration of the nature jurisdiction of the arbitration and of its function replacement of the jurisdiction ordinary, the exception compromise has procedural character and integral one question competence, that...
The forecast of one clause skilled with to which le parts agreed of donate in arbitration le any controversies not excludes the appeal to the procedure monitor per obtaining a...
Must be affirmed the nullity of the clause compromise contained in the statute of a consortium ex art. 2602 Cod. Civ., The which not provides that the appointment of the...
The clause compromise per arbitration corporate, che pure includes in its scope of application the controversies between directors and company in dependence of the statute, not subtract to competence d...
The sale of the contract, realizing a succession a title particular in the legal ratio contractual, by the replacement a a new subject (transferee) in legal position active and passive...
In case of loss of the original of the convention of arbitration (i.e. a one its copy compliant), which precludes the experiment of the procedure prediction A from art. 825...
Not exists conflict positive of jurisdiction, denunciation to senses of art. 362, co. 2, cod. Proc. Civ., In relationships between the judge ordinary and a court arbitral constituted abroad, expected...
Waiting the exceptional of the derogation to competence of the judgment ordinary a favor of the of the referees, the clause compromise, for being valid, it must be formulated in...
L’art. 829, co, 3, cod. proc. civ., come riformulato dall’art. 24 d.lgs. 2 febbraio 2006, n. 40, si applica, ai sensi della disposizione transitoria di cui all’art. 27 d.lgs. 40/2006,...
The derogation to the competence of the judge ordinary non can be affirmed through the clause compromise contained in a determined contract where you sections of disputes relative ad other...
The principle of autonomy of the clause compromise si applies also to the convention for arbitration irrital, since also it is the itself function of attribute to appointing organ referee...
L’art. 816-septies cod. proc. civ. è applicabile all’arbitrato amministrato di cui al d.lgs. 12 aprile 2006, n. 163, non in via analogica, ma in forza del diretto richiamo contenuto nell’art....