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 prior completion of testing of public works constitutes a procedural prerequisite that conditions the availability of arbitration, configuring itself as a procedural exception whose absence cannot be raised ex...
For the purposes of the revocatory action under article 2901 of the Civil Code, a debt established by arbitral award, even if formally recognised subsequent to the dispositive act subject...
The plea of arbitration agreement, as a plea of lack of jurisdiction, is subject to the regime of art. 38 final paragraph of the Code of Civil Procedure, according to...
In case of interruption of proceedings due to declaration of bankruptcy of a party, the time limit for resumption of proceedings for challenging an arbitral award runs from the date...
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...
In matters of public contracts, once the eight-month term for execution of testing by the public administration has expired, pursuant to art. 5 of law n. 741 of 1981, the...
The interpretation of contracts constitutes the proper and exclusive function of the trial court, such that in proceedings on appeal to the Court of Cassation against a judgment deciding on...
The waiver of challenge to an arbitral award is equivalent to a waiver of action and results in the award becoming res judicata, producing immediate effect without requiring acceptance by...
In an appeal to the Court of Cassation against a judgment that has decided on the challenge to an arbitral award, the review of legality must be conducted exclusively by...
In matters of contractual arbitration (arbitrato irrituale) governed by article 412-quater of the Code of Civil Procedure, the award is not challengeable through ordinary forms and procedures but only in...