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...
In the absence of an objection of arbitration raised by the defendant, there is no procedural interest in seeking a declaration as to the validity or nullity of the statutory...
The pendency of a challenge to an arbitral award does not automatically stay the enforceability of the award for the purposes of the operation of accessory obligations or guarantee instruments...
The president of the court has jurisdiction to appoint a sole arbitrator pursuant to Article 810 of the Code of Civil Procedure, where a valid arbitration agreement exists and the...
An arbitration clause constitutes an agreement autonomous from the contract to which it relates and retains its validity and effectiveness even where grounds of invalidity affect the main contract, save...
An arbitration clause appended to a contract is not apt to confer upon the arbitrators jurisdiction over disputes relating to a settlement—including a non-novatory settlement—of claims arising out of that...
The existence of an arbitration clause in the contract between the parties does not preclude the jurisdiction of the ordinary court to issue an order for payment, although such jurisdiction...
In arbitral proceedings, pursuant to Article 816 ter(3) of the Code of Civil Procedure, the ordinary court orders the attendance of a witness before the arbitrator, who shall independently fix...
In proceedings for the challenge of an arbitral award, the stay of enforcement may be upheld where the grounds of challenge appear to merit further examination, both as regards the...
In arbitral proceedings, the use by the court-appointed expert of documents which, although not formally placed in evidence by one of the parties, were duly transmitted to the parties' experts...
An arbitration clause is void where the arbitrator designated therein does not satisfy the requirements of independence and impartiality prescribed by law in relation to the parties to the dispute.
A challenge to an arbitral award on the ground of breach of rules of law relating to the merits of the dispute is admissible only where expressly provided for by...