Article 838-ter of the Code of Civil Procedure, which attributes to arbitrators cautionary power in disputes devolved to arbitration concerning the validity of assembly deliberations, does not apply ratione materiae...
Pursuant to Article 808-quater of the Code of Civil Procedure, the arbitration agreement must be interpreted, in doubt, in the sense that the jurisdiction of arbitrators is extended to all...
The arbitration clause does not constitute an accessory of the contract in which it is inserted, but has its own individuality and autonomy clearly distinct from that of the contract...
For the grant of suspension of the executory effect of an arbitral award pursuant to Article 830, final paragraph, of the Code of Civil Procedure, the court hearing the challenge...
Cross-appeal in proceedings for nullity of an arbitral award is subject to the same rules as cross-appeal in civil judgments, with the consequence that it must be brought in the...
The arbitration clause inserted in the articles of association alone of a cooperative company is not suitable to establish arbitral jurisdiction for disputes between the cooperative and subjects who have...
Following the reform of arbitration operated by Legislative Decree 2 February 2006 N. 40, Article 819-ter of the Code of Civil Procedure expressly defines in terms of "jurisdiction" the question...
In proceedings to challenge an arbitral award, the subject matter is not the ascertainment of facts, which belongs exclusively to the arbitrators, but the verification of the legitimacy of the...
The arbitration clause inserted in contracts stipulated between professional and consumer is subject to the presumption of unfairness pursuant to Article 33, paragraph 2, of Legislative Decree 6 September 2005...
For the purpose of identifying the discipline applicable to arbitration, reference must be made to the date of subscription of the arbitral clause, Article 829 of the Code of Civil...
Arbitral jurisdiction deriving from the arbitration clause is not exhausted in disputes having as their object the literal execution of the contract or the primary obligations of the parties but...
The activity of regular arbitrators has jurisdictional nature and substitutes for the function of the ordinary judge, so that establishing whether a dispute belongs to the cognition of the former...