For the purposes of characterising the nature of the arbitration as institutional or contractual (arbitrato irrituale), the primary interpretive criterion is the literal wording of the arbitration clause, whereas recourse...
A party that has expressly waived the objection to the jurisdiction of the ordinary courts based on the existence of an arbitration clause may not subsequently re-raise the same objection,...
An arbitration clause contained in the articles of association of a sports federation, when incorporated by reference in a contract between sports companies having as its subject matter economic and...
An arbitration clause included in a contract signed by a consumer is valid and effective where the contractual text contains an express and detailed declaration by the consumer attesting to...
A contractual arbitration award (lodo irrituale) and an expert determination (perizia contrattuale), having a contractual nature quoad effectum and performing the function of substituting the will of the parties, are...
The determinations of a technical body to which the parties have contractually attributed the value of a contractual award (lodo contrattuale) are binding and may be challenged exclusively by means...
An objection to the jurisdiction of the ordinary courts based on the submission of the dispute to arbitration pursuant to an arbitration clause, even where raised in a timely manner,...
Nullity of an arbitral award for lack of reasoning within the meaning of Article 829(1)(5) of the Code of Civil Procedure arises exclusively where the reasoning is entirely absent or...
The setting aside of an arbitral award under Article 829 of the Code of Civil Procedure is a form of limited challenge, available exclusively on the basis of one of...
In institutional arbitration, an award that resolves preliminary or prejudicial issues without determining the arbitral proceedings is not independently challengeable, but may be challenged only together with the final award,...
An arbitration clause constitutes an unfair term within the meaning of Article 1341(2) of the Civil Code and, in order to be effective, must be specifically approved in writing; in...
In proceedings in chambers (camera di consiglio), a provision in the articles of association derogating from territorial jurisdiction in respect of matters not capable of being submitted to arbitration cannot...