By virtue of the reference made by art. 36(1) of Legislative Decree No. 5/2003 (now art. 838-quater cod. proc. civ.) to art. 829(3) cod. proc. civ., an award rendered in...
In the matter of the challenge of the arbitral award for nullity, the Court of Appeal which declares the nullity of the arbitral award on the ground of a deficiency...
By virtue of the principle of autonomy of the arbitration clause vis-a-vis the transaction to which it refers, the nullity of the contract does not invalidate the arbitration clause contained...
The arbitration clause contained in the articles of association of a limited liability company, pursuant to art. 34 of Legislative Decree No. 5/2003 (now art. 838-ter cod. proc. civ.), may...
In the matter of the challenge of the arbitral award, the requirement of identifying the rules of law alleged to have been breached, prescribed by art. 829 co. 3 cod....
An arbitration clause referring to arbitration disputes concerning the validity, application, performance and interpretation of the contract also extends to disputes relating to breach or termination of the same contract,...
Under art. 810(4) cod. proc. civ., the president of the court appoints the arbitrator by decree, without the need to summon the parties, where it appears that the arbitration agreement...
In the matter of arbitration, the inconsistency of the arbitral award referred to in art. 829 co. 1 n. 11 cod. proc. civ., for the purposes of permitting a challenge...
A judgment by which the ordinary court declares the claim inadmissible on the ground that jurisdiction lies with the arbitrators does not bind the arbitrators as to the legal existence...
An informal arbitral award, being the product of the parties' free exercise of contractual autonomy and having legal effects referable to the contractual sphere, may be reviewed by the ordinary...
An arbitration clause in condominium rules providing for the appointment of arbitrators by a majority of the co-owners is void, as it conflicts with the mandatory principle, applicable to both...
In contracts concluded with consumers, an arbitration clause, as a clause establishing a derogation from the jurisdiction of the ordinary courts, is presumed unfair until the contrary is proved under...