An arbitration clause inserted in a contract concluded between a professional and a condominium is subject to the consumer protection rules set out in Legislative Decree No. 206/2005, given that...
In proceedings for opposition to the recognition of a foreign arbitral award pursuant to Article 840 of the Code of Civil Procedure, defects relating to the constitution of the arbitral...
The defence of set-off may be raised as a ground for opposition to enforcement proceedings based on an arbitral award as an enforcement title only where the credit relied upon...
An arbitration clause providing for an arbitral tribunal acting as "amiable compositeur", which "shall decide ex bono et aequo without procedural formalities", constitutes contractual arbitration (arbitrato irrituale), the objection to...
The objection to the jurisdiction of the ordinary court in favour of the arbitral tribunal, based on an arbitration clause contained in the articles of association of a company, must...
A contractual arbitration award (arbitrato irrituale), having a contractual nature insofar as it derives from the will of the parties as expressed through the conferral of a mandate to the...
An arbitration clause contained in a contract which does not expressly confer binding effect on arbitration, allowing the parties to bring proceedings directly before the judicial authority, does not preclude...
Contractual arbitration (arbitrato irrituale) constitutes an instrument for the contractual resolution of disputes which have arisen or may arise between the parties in relation to certain legal relationships, based on...
The objection to the jurisdiction of the ordinary court in favour of arbitrators, pursuant to Article 819-ter of the Code of Civil Procedure, constitutes a proper objection, not raisable of...
An arbitral award constitutes an appropriate enforceable title to found the creditor's enforcement action even in the context of subsequent settlement agreements between the parties, where such agreements expressly provide...
An arbitration clause contained in the articles of association of a consortium, which submits disputes relating to consortium relationships to arbitrators, cannot be invoked against a third party who is...
An arbitration clause contained in a particular contract does not extend its effects to disputes relating to another contract, even if connected with the first, pursuant to Article 808-quater of...