Decisions taken by banking and financial arbitration bodies concerning the reimbursement of insurance charges and unaccrued intermediation commissions following early repayment of financing do not affect the passive legitimacy of...
With regard to appeals, where an objection based on an arbitration agreement has been expressly rejected by the first instance court, the party who prevailed on the merits and wishes...
Interim relief proceedings under Article 700 of the Code of Civil Procedure cannot be used to obtain a decision which, by anticipating the determination entrusted to the arbitrators pursuant to...
An arbitration clause providing for an arbitral tribunal acting as "amiable compositeur", which "shall decide ex bono et aequo without procedural formalities", constitutes contractual arbitration (arbitrato irrituale), the objection to...
The objection to the jurisdiction of the ordinary court in favour of the arbitral tribunal, based on an arbitration clause contained in the articles of association of a company, must...
In proceedings for opposition to the recognition of a foreign arbitral award pursuant to Article 840 of the Code of Civil Procedure, defects relating to the constitution of the arbitral...
The defence of set-off may be raised as a ground for opposition to enforcement proceedings based on an arbitral award as an enforcement title only where the credit relied upon...
A contractual arbitration award (arbitrato irrituale), having a contractual nature insofar as it derives from the will of the parties as expressed through the conferral of a mandate to the...
Contractual arbitration (arbitrato irrituale) constitutes an instrument for the contractual resolution of disputes which have arisen or may arise between the parties in relation to certain legal relationships, based on...
An arbitration clause contained in a contract which does not expressly confer binding effect on arbitration, allowing the parties to bring proceedings directly before the judicial authority, does not preclude...
The objection to the jurisdiction of the ordinary court in favour of arbitrators, pursuant to Article 819-ter of the Code of Civil Procedure, constitutes a proper objection, not raisable of...
An arbitral award constitutes an appropriate enforceable title to found the creditor's enforcement action even in the context of subsequent settlement agreements between the parties, where such agreements expressly provide...