An arbitral award confirmed by a judgment having the force of res judicata, with constitutive effect as to the right of ownership in performance of a preliminary contract of sale,...
An arbitration clause included in contracts relating to investment services and activities entered into with investors is binding only on the intermediary, unless the intermediary proves that it was the...
A decision rendered in contractual arbitration (arbitrato irrituale) constitutes written evidence sufficient for the purposes of issuing an order for payment under Article 634 of the Code of Civil Procedure,...
The nullity of the substantive contract does not automatically entail the invalidity of the arbitration clause contained therein, which, by virtue of the principle of separability enshrined in Article 808...
In proceedings for the appointment of the sole arbitrator under Article 810 of the Code of Civil Procedure, the procedural inactivity of the applicant party, manifested in the failure to...
The unsuccessful party in arbitral proceedings who considers the award vitiated by error is required to challenge it by the appropriate remedies, and the failure to challenge constitutes conduct causally...
Article 813-ter of the Code of Civil Procedure, which prohibits the commencement of court proceedings where arbitral proceedings between the same parties and having the same subject matter are pending,...
An arbitration clause, in order to have a mandatory character derogating from the jurisdiction of the ordinary court, must provide for recourse to arbitral proceedings on an exclusive basis; otherwise,...
An arbitration clause providing for the referral of disputes to arbitrators "in the manner and forms prescribed by law", without further specification or reference to specific rules, is incapable of...
The removal of an arbitration clause from the articles of association of a limited liability company (società a responsabilità limitata) constitutes a legitimate ground for the withdrawal of a shareholder...
A support administrator (amministratore di sostegno), with the prior authorisation of the guardianship judge (giudice tutelare), has standing to appear in arbitral proceedings on behalf of the beneficiary where the...
A contractual clause referring to arbitration disputes concerning the performance, validity, and effectiveness of a settlement agreement (transazione), where the parties have not reached agreement in good faith, precludes the...