The objection of lack of jurisdiction of the ordinary court in favour of the arbitral tribunal, based on the arbitration clause contained in the special conditions of contract, must be...
A judge called upon to ascertain the subject matter and limits of res judicata arising from an arbitral award cannot confine himself to considering the operative part alone, but must...
An arbitration clause contained in the articles of association may be derogated by a settlement agreement entered into between all the shareholders and the company, whereby the parties expressly agree...
An arbitration clause submitting to arbitrators technical disputes concerning the non-conformity of works with the design, lack of agreement on the conditions for issuing progress payment certificates, and the adequacy...
The failure by one of the joint venture participants to pay their share of the deposit required for the operation of the arbitral tribunal, resulting in a declaration of termination...
An objection based on an arbitration agreement raised before the ordinary court, in the presence of an arbitration clause, raises a question relating to the merits and not to jurisdiction...
The renunciation of an arbitration agreement, formalised by the parties during the pendency of proceedings for the appointment of arbitrators, results in the cessation of arbitral jurisdiction and entitles the...
The action for annulment of an arbitral award constitutes proceedings with limited grounds for challenge, which may only be brought for specific procedural errors specifically provided for, as well as...
The interpretation of arbitration clauses contained in corporate articles of association must be conducted according to the general hermeneutic principles set forth in arts. 1362 et seq. of the Civil...
The unavailability of the right constitutes the limit to recourse to the arbitration clause and must not be confused with the non-derogability of the rules applicable to the legal relationship,...
The decision of the Financial Disputes Arbitrator established at Consob does not constitute an arbitral award and does not produce binding effects between the parties pursuant to Article 1372 of...
The extraordinary standing granted to a member of a limited liability company by Article 2476, paragraph 3, of the Civil Code for the exercise of the company's derivative action for...