The declaration of lack of jurisdiction by the arbitral tribunal pursuant to Article 817 of the Code of Civil Procedure results in the lapse of the interim measure previously granted...
In matters of arbitration, pursuant to Article 818, paragraph 2, of the Code of Civil Procedure, referred to by Article 838-ter, paragraph 4, of the Code of Civil Procedure, before...
An arbitration clause contained in the articles of association which entrusts the appointment of arbitrators to the shareholders' meeting is void for breach of Article 34 of Legislative Decree No....
The challenge for nullity of an arbitral award is characterised as a challenge subject to restricted grounds of review, which excludes the possibility of conducting a review on the merits...
An arbitral award rendered against a general partnership constitutes an enforceable title also against the partners with unlimited liability, even though they remained outside the arbitration proceedings due to the...
In matters of arbitration proceedings, the act by which a party intends to rely upon, pursuant to Article 821 of the Code of Civil Procedure, the expiry of the time...
An arbitration clause devolving to arbitrators the resolution of disputes relating to the performance of a lease contract does not operate in the summary phase of proceedings for validation of...
In the event of failure by a party under an obligation to appoint an arbitrator, the President of the Court, acting pursuant to Article 810 of the Code of Civil...
An arbitration clause contained in a public works contract which refers to arbitrators disputes relating to the interpretation and application of contractual provisions encompasses all matters concerning the activities that...
An arbitration clause providing for contractual arbitration (arbitrato irrituale) contained in a contractual condominium regulation, drafted by the original developer and referred to in the sale contracts of individual property...
An arbitration clause which entirely delegates to a third-party body the determination of the arbitration rules, including the choice as to the institutional or contractual (arbitrato irrituale) nature of the...
The judgment by which the ordinary court, upholding the defence of arbitration agreement, declines its own jurisdiction in favour of the arbitrators is challengeable exclusively by means of the compulsory...