An arbitration clause which does not provide, failing to conform to the prescription of Article 34 of Legislative Decree 5/2003, that the nomination of the arbitrators must be effected by...
A contractual arbitration award (lodo arbitrale irrituale) does not have the effect of res judicata. Declarations made in arbitral proceedings by persons extraneous to the procedural relationship in which they...
Before the constitution of the arbitral tribunal, interim protection is assured by the competent court pursuant to Article 669-quinquies of the Code of Civil Procedure, in accordance with Article 818...
The interpretation of an arbitration clause must be conducted according to the criteria of good faith and the common intention of the parties, as provided for in Article 1362 of...
Service of proceedings challenging an arbitral award does not constitute service of the judgment for the purposes of commencing the short limitation period for appeal, since it neither provides nor...
An objection relating to contractual arbitration (arbitrato irrituale) does not raise a question of jurisdiction of the judicial authority but contests the admissibility of the claim on the ground that...
The protection afforded by Article 1341, paragraph 2, of the Civil Code cannot operate in favour of the party which has unilaterally predisposed the contract containing the arbitration clause, since...
An arbitral clause contained in corporate articles of association concerning disputes between shareholders does not extend to relationships of a personal nature and foreign to the corporate sphere, even when...
A dispute having as its object the invalidity of a resolution of the general meeting for omitted convocation of a member, being subject to the regime of cure, may be...
An arbitration clause which expressly provides for reservation of jurisdiction to the ordinary judicial authority for certain categories of disputes permits the exercise of such faculty notwithstanding the pendency of...
The contradiction in an award pursuant to Article 829, number 11, of the Code of Civil Procedure relevant for purposes of challenge for nullity must emerge between the different components...
The relationship between the Italian court and foreign or international arbitration involves a question of jurisdiction. The identification of arbitration as international is determined according to the criteria established by...