The arbitration clause contained in the articles of association of a company subject to judicial liquidation cannot be invoked against the liquidator exercising the action for liability provided for by...
An arbitration clause contained in a contract, whereby the parties refer future and potential disputes relating to the interpretation or performance of the contract itself to the jurisdiction of a...
An arbitral award ascertaining the acquisition of ownership by adverse possession constitutes adequate evidence of title to the dominant right in subsequent ordinary proceedings concerning the protection of the same...
The presence of an arbitration clause does not prevent the creditor from requesting and obtaining from the ordinary court an order for payment in respect of the debt arising from...
The objection based on a contractual arbitration (arbitrato irrituale) clause contained in the articles of association is procedural in nature and constitutes a matter of jurisdiction, subject to the regime...
The arbitration proceedings contractually provided for the final determination of the purchase price of company shares, in the event of disputes concerning the quantification made by the appointed auditor, constitute...
With regard to an arbitration clause contained in the articles of association of a cooperative company, the provision for the referral to arbitrators of disputes between members and the company...
The distinguishing criterion between institutional arbitration and contractual arbitration (arbitrato irrituale) lies in the intention of the parties: in institutional arbitration, the parties intend to obtain an award capable of...
A contractual arbitration clause (arbitrato irrituale), providing for the contractual resolution of the dispute through a mandate conferred upon the arbitrator, entails the inadmissibility of judicial proceedings before the ordinary...
The request for arbitration, pursuant to Article 816-bis of the Code of Civil Procedure, produces the substantive effects of a judicial claim and constitutes a valid act of commencing proceedings...
Contractual arbitration (arbitrato irrituale) is contractual in nature and constitutes an expression of the parties' contractual autonomy, whereby the parties confer upon the arbitrators a joint mandate for the settlement...
In proceedings for setting aside an arbitral award, a party's acceptance of the jurisdiction of the arbitral tribunal in a composition different from that originally agreed, manifested through consent to...