An arbitration clause constitutes an unfair term within the meaning of Article 1341(2) of the Civil Code and, in order to be effective, must be specifically approved in writing; in...
In proceedings in chambers (camera di consiglio), a provision in the articles of association derogating from territorial jurisdiction in respect of matters not capable of being submitted to arbitration cannot...
An objection to the jurisdiction of the ordinary courts based on the submission of the dispute to arbitration pursuant to an arbitration clause, even where raised in a timely manner,...
An arbitration clause contained in the articles of association, referring to arbitration disputes between shareholders or between shareholders and the company, does not apply to disputes arising from contractual relationships...
The supplementary intervention of the court for the appointment of the arbitrator designated by the defaulting party, pursuant to Article 810(2) of the Code of Civil Procedure, is conditional upon...
An arbitral award confirmed by a judgment having the force of res judicata, with constitutive effect as to the right of ownership in performance of a preliminary contract of sale,...
An arbitration clause included in contracts relating to investment services and activities entered into with investors is binding only on the intermediary, unless the intermediary proves that it was the...
A decision rendered in contractual arbitration (arbitrato irrituale) constitutes written evidence sufficient for the purposes of issuing an order for payment under Article 634 of the Code of Civil Procedure,...
The nullity of the substantive contract does not automatically entail the invalidity of the arbitration clause contained therein, which, by virtue of the principle of separability enshrined in Article 808...
A contractual clause referring to arbitration disputes concerning the performance, validity, and effectiveness of a settlement agreement (transazione), where the parties have not reached agreement in good faith, precludes the...
Proceedings for the setting aside of an arbitral award under Article 827 of the Code of Civil Procedure do not constitute appellate proceedings, but proceedings of limited review directed exclusively...
In proceedings for the appointment of the sole arbitrator under Article 810 of the Code of Civil Procedure, the procedural inactivity of the applicant party, manifested in the failure to...