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...
The unsuccessful party in arbitral proceedings who considers the award vitiated by error is required to challenge it by the appropriate remedies, and the failure to challenge constitutes conduct causally...
Article 813-ter of the Code of Civil Procedure, which prohibits the commencement of court proceedings where arbitral proceedings between the same parties and having the same subject matter are pending,...
An arbitration clause, in order to have a mandatory character derogating from the jurisdiction of the ordinary court, must provide for recourse to arbitral proceedings on an exclusive basis; otherwise,...
The grounds for nullity of an arbitral award for failure to decide or failure to state reasons under Article 829(5) and (12) of the Code of Civil Procedure presuppose the...
The existence of an arbitration clause does not preclude the jurisdiction of the ordinary court to issue a payment order (decreto ingiuntivo), given that the rules governing arbitral proceedings do...
An arbitral award is void where the arbitrator, having appointed himself as court-appointed expert (consulente tecnico d'ufficio), files the decision without affording the parties the opportunity to exercise their rights...
The formulation of an arbitration clause by means of a modal verb indicating a faculty does not impose on the parties an obligation to have recourse to the arbitrator, recourse...
For the purposes of establishing the validity and effectiveness of an arbitration clause derogating from jurisdiction in favour of foreign arbitrators, it is first necessary to determine the rules that...
An arbitration clause inserted in a contract that has not been drafted unilaterally and does not contain standard terms does not require specific signature pursuant to Article 1341 of the...