Disputes concerning the challenge of resolutions approving annual accounts for breach of rules ensuring their clarity and accuracy relate to non-waivable rights and therefore cannot be submitted to arbitral determination,...
The adversarial principle in arbitral proceedings must be understood as requiring, even within freedom of arbitral procedural forms, guaranteeing parties equal rights and opportunities to be heard and to contradict....
Arbitration clauses granting only one party the right to decline arbitral jurisdiction cannot be deemed invalid, not conflicting with private autonomy exercise limits but rather expressing tendencies coherent with systems...
An arbitral award, insofar as it is deemed equivalent to a judicial judgment from the moment of the last signature by the arbitrators, pursuant to Article 824-bis of the Code...
Arbitration clauses contained in condominium regulations must be interpreted according to their specific content, distinguishing between disputes relating to daily condominium life and disputes concerning validity and effectiveness of regulatory...
Arbitrators may legitimately declare their own incompetence regarding certain claims while simultaneously deciding other claims on the merits, provided these involve legally distinct and autonomous rights, without this causing award...
Opposition to foreign arbitral award recognition decrees cannot be configured as criticism of foreign decision merits, being limited to defects provided by regulations on foreign award recognition. The circumstance that...
Arbitration clauses contained in corporate founding documents must specify, under penalty of nullity, the number and procedures for arbitrator appointment, conferring authority to appoint all arbitrators to parties external to...
Grounds for award challenge based on arbitration agreement nullity, lack of arbitrator independence and impartiality, and absence of potestas decidendi are inadmissible under Article 817, paragraph 3, of the Civil...
Disputes between companies and shareholders concerning patrimonial rights arising from the corporate relationship fall fully within the scope of statutory arbitration clauses that provide for submission to arbitrators of disputes...
Awards rendered in contractual arbitration may be set aside under Article 808-ter, paragraph 2, nos. 4 and 5 of the Civil Procedure Code when arbitrators fail to comply with rules...
The presence of an arbitration clause does not prevent requesting and obtaining from ordinary courts a payment order for debts arising from contracts, while preserving the respondent's right to raise...