The internal body of an unrecognised association that exercises disciplinary power by imposing sanctions on members does not perform an arbitral function, even where the articles of association refer to...
The discontinuance of proceedings for the challenge of an arbitral award consequent upon a withdrawal accepted by the other party must be declared by judgment, such a pronouncement being a...
The arbitral jurisdiction arising from an arbitration clause constitutes a case of simple lack of jurisdiction of the ordinary court, which may be raised only on application by a party...
In the field of arbitration, the scope of an arbitration agreement containing an indication of the disputes to be referred to arbitration by reference to specific abstract categories—such as the...
Where an arbitration clause refers all disputes between the parties to arbitration, the ordinary court that has issued an order for payment must decline jurisdiction pursuant to Article 819 ter(1)...
In contractual arbitration (arbitrato irrituale), as in contractual expert determination (perizia contrattuale), the arbitrators' decision may be challenged exclusively by means of the actions for annulment and termination for breach...
The appointment of a special curator made by the arbitral tribunal in the course of proceedings on the merits, in order to protect a party whose representative has a conflict...
Upon an application under Article 810 of the Code of Civil Procedure, the president of the court has jurisdiction to appoint the third arbitrator to act as chairman of the...
Arbitrators have the power to order, by way of a non-appealable order, the stay of the effects of a challenged shareholders' resolution, pursuant to Article 35 of Legislative Decree No....
A contractual arbitration award (arbitrato irrituale), so characterised by the arbitration clause, constitutes sufficient proof of the existence of a debt that is certain, liquidated and due for the purposes...
The conferral upon arbitrators of the power to grant interim measures pursuant to Article 818 of the Code of Civil Procedure cannot be inferred from the mere existence of an...
The declaration of enforceability of an arbitral award pursuant to Articles 823–825 of the Code of Civil Procedure is conditional upon verification of the formal regularity of the award and...