The classification of arbitration as institutional or contractual depends on the will of the parties as expressed in the arbitration agreement. When the parties have unambiguously defined the arbitration as...
An arbitration clause contained in a contract maintains its binding effect even with respect to disputes arising from subsequent agreements which, whilst not expressly reproducing the arbitration clause, constitute mere...
An arbitration clause does not require the specific written approval referred to in Article 1341, paragraph 2, of the Civil Code when it is not included in general contract terms...
The existence of a compromissory clause for contractual arbitration (arbitrato irrituale) does not give rise to a question of jurisdiction or competence in the technical sense, but rather a question...
An arbitration clause contained in a contract between a professional and a consumer is presumed to be unfair pursuant to Article 33, paragraph 2, letter t), Legislative Decree 6 September...
An arbitration clause which refers to the arbitral tribunal "any dispute that may arise in relation to the performance and/or interpretation of the contract, none excluded" determines the functional lack...
The revocation of judgments of the Court of Cassation for error of fact, pursuant to Article 395, No. 4 of the Code of Civil Procedure, cannot concern the interpretative and...
The challenge of an arbitral award for violation of rules of law relating to the merits of the dispute is admissible when the arbitration agreement predates 2 March 2006, with...
Article 819-ter of the Code of Civil Procedure, applicable also to contractual arbitration (arbitrato irrituale) according to established doctrinal opinion, establishes the principle of parallel proceedings, whereby the pendency of...
An arbitrator to whom the parties have referred potential disputes arising from a contract concluded between them by means of an appropriate arbitration clause has jurisdiction to determine claims founded...
Disputes concerning the dissolution of companies cannot be submitted to arbitration, notwithstanding the presence of an arbitration clause in the articles of association, as they involve not only the particular...
In cases of contractual arbitration (arbitrato irrituale), the final award may be challenged, in addition to the cases provided for by Article 808-ter of the Code of Civil Procedure, also...