An arbitration clause contained in the rules of an entity which refers to arbitrators disputes relating to those rules and disputes arising between members and the entity or its organs...
The cumulative raising of the plea of an institutional arbitration clause and of territorial incompetence, with a specific ordering of their examination, binds the court on the merits to follow...
An arbitration clause contained in a contract is not enforceable against a legal entity which is distinct from the contracting party, in the absence of identity between the parties to...
A contractual arbitration award (lodo irrituale) has a contractual nature and constitutes an expression of the contractual will of the parties who, by means of an arbitration clause, accepted in...
An arbitration clause contained in a private written agreement between the parties produces no procedural effects where it is not raised by way of plea in the ordinary proceedings by...
In consumer contracts, an arbitration clause, in order not to be deemed unfair pursuant to Article 33(t) of Legislative Decree No. 206/2005, must be the result of a specific negotiation...
An arbitral award rendered in favour of one of the joint and several debtors may be relied upon against the creditor pursuant to Article 1306 of the Civil Code, unless...
An arbitration clause contained in a preliminary contract does not automatically extend to a subsequent preliminary contract entered into between the same parties, where the latter presupposes the termination of...
A challenge for nullity of an arbitral award before the Court of Appeal, pursuant to Articles 827 et seq. of the Code of Civil Procedure, is admissible exclusively in respect...
An arbitration clause does not constitute a standard term of contract subject to the regime of Article 1341 of the Civil Code where the non-drafting party had a concrete opportunity...
A plea of lack of jurisdiction based on an arbitration clause contained in the articles of association of a company is inadmissible where raised out of time, beyond the time...
The plea of arbitration is procedural in nature and raises a question of competence which, pursuant to Article 38(1) of the Code of Civil Procedure, must be raised, on pain...