A plea of lack of jurisdiction based on an arbitration clause contained in the articles of association of a company is inadmissible where raised out of time, beyond the time...
The plea of arbitration is procedural in nature and raises a question of competence which, pursuant to Article 38(1) of the Code of Civil Procedure, must be raised, on pain...
The existence of an arbitration clause does not preclude the jurisdiction of the ordinary court to issue an order for payment, as the lack of jurisdiction by reason of the...
A statutory arbitration clause that refers to arbitrators disputes between the company and its members concerning available rights, containing a general reference to institutional arbitration under Legislative Decree No. 5/2003,...
The rules on procedural agreement under Article 38(2) of the Code of Civil Procedure are inapplicable in relation to the plea of an arbitration agreement, that provision referring exclusively to...
An arbitral award is not affected by nullity on the ground of inconsistency pursuant to Article 829 of the Code of Civil Procedure where the arbitrators separately assess different complaints...
The replacement of the appointed arbitrator is ordered by the president of the court on the application of a party, pursuant to Article 811 of the Code of Civil Procedure.
Following the reform of the law of arbitration effected by Legislative Decree No. 40 of 2 March 2006, the question of the attribution of the potestas iudicandi to the arbitrators,...
In enforcement proceedings based on an arbitral award, the notice to comply (precetto) must be served on the person who holds the status of debtor under the enforceable title, so...
For the purposes of the stay of the enforceability of an arbitral award challenged pursuant to Article 830 of the Code of Civil Procedure, it is necessary that the challenge...
The president of the court, on the application of a party and having established its own competence, proceeds with the appointment of the arbitral tribunal pursuant to Article 810 of...
The waiver of an arbitration clause providing for institutional arbitration must be proved by the party bringing proceedings before the ordinary court; the mere allegation of a waiver agreement, in...