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...
Statutory arbitration clauses which devolve to arbitration disputes between the association and its members or between members concerning the associative relationship do not extend to disputes which, whilst involving persons...
The interpretation of arbitration clauses must be carried out with reference to the literal datum and the common intention of the parties, privileging extensive interpretation when the parties have clearly...
An arbitration clause binds exclusively the stipulating parties to the contract which contains it and does not extend automatically to relationships with third-party users of the service, who cannot invoke...
An arbitration clause is of an autonomous nature in relation to the contract to which it attaches, with merely procedural effects, so that even the nullity of the contract is...
Arbitration clauses contained in corporate articles of association are valid and effective for the devolution to arbitration of disputes concerning available rights arising from the corporate relationship, from the interpretation...
An arbitration clause is null and void for manifest indeterminacy when it does not identify with exactitude which disputes are devolved to the cognizance of the arbitrators and which remain...
In an application for suspension of the executory effect of an arbitration award, the alleged nullities for partial omitted reasoning and contradiction in reasoning do not constitute, of themselves, sufficient...
The mere declaration of inadmissibility of a previous application for recognition of the executory effect of a foreign arbitration award for defect of formal requirements does not prevent the further...
The presence of an arbitration clause does not prevent requesting and obtaining from the ordinary court an injunctive decree for the credit arising from the contract containing the arbitration agreement....
An arbitration clause, being derogatory of ordinary jurisdiction, produces effects exclusively between the parties who have specifically subscribed to it, and cannot extend its efficacy to persons who are strangers...
The simultaneous raising of the objection based on an arbitration agreement and a counterclaim does not imply waiver of the objection formulated, since the examination of the counterclaim is ontologically...