The arbitration clause contained in the articles of association of an association, which exhaustively refers to the arbitral tribunal disputes concerning membership status and the challenge of corporate resolutions, does...
The arbitration clause that refers to arbitration disputes between members "in any way referable to the life of the company" must be interpreted broadly, encompassing all disputes between members concerning...
The referral of jurisdiction on the merits to arbitrators by virtue of an arbitration clause does not exclude the jurisdiction of the ordinary court to grant urgent interim relief pursuant...
The arbitration agreement, whether for arbitration or contractual arbitration (arbitrato irrituale), requires written form as a condition of validity (ad substantiam). The absence of proof of an arbitration clause in...
The arbitration clause that refers to contractual arbitration (arbitrato irrituale) but simultaneously attributes to the decision of the arbitral tribunal the nature of a "judgment" is ambiguous; in such case,...
The pendency of arbitral proceedings with a hearing already scheduled constitutes an element capable of excluding the existence of the periculum in mora requirement for the granting of interim relief...
The arbitration clause contained in the articles of association of a cooperative or consortium company, which provides for the referral to arbitrators of all disputes arising from the corporate relationship,...
The existence of an arbitration clause in the articles of association, which mandatorily refers to arbitration disputes between members and the company arising from the corporate relationship, results in the...
In the presence of an arbitration clause that confers jurisdiction on the merits on arbitrators, the application for interim relief must be brought before the ordinary court that would have...
In the matter of partnerships, in the absence of an explicit statutory provision extending the arbitrability of corporate disputes to the heirs of a deceased member, the latter, even if...
A dispute concerning the challenge of a general meeting resolution on the grounds of a lack of the requirements of truthfulness, clarity and precision of the financial statements or of...
In the interpretation of an arbitration clause, in order to distinguish between arbitration and contractual arbitration (arbitrato irrituale), the clause must be interpreted with reference to the literal text, the...