In contracts unilaterally drafted by the professional, the arbitration clause which derogates from the jurisdiction of the judicial authority in favour of an arbitral tribunal constitutes an unfair term within...
The waiver of the arbitration clause contained in the construction contract, with consequent submission of the dispute to the ordinary jurisdiction, may validly occur by agreement between the parties, including...
In granting exequatur pursuant to Article 825 of the Code of Civil Procedure, the court's review is limited to verifying the formal regularity of the award, concerning on the one...
An arbitral award, whilst constituting an enforceable title, does not represent the source of the withdrawing member's right to payment for the liquidation of their membership interest, such source being...
In the event of inaction by the parties in appointing the arbitrator, the President of the Court, upon application by the interested party pursuant to Article 810 of the Code...
In case of interpretative doubt as to the institutional or contractual nature (arbitrato irrituale) of an arbitration clause contained in articles of association, the court must favour the qualification of...
In contractual arbitration (arbitrato irrituale), the intervention of a third party joined to the proceedings, occurring in compliance with procedural requirements before the first substantive hearing with the agreement of...
In matters of interim proceedings ante causam or during proceedings, the circumstance that the proceedings on the merits to which the interim relief is ancillary are pending before arbitrators, by...
With regard to arbitrators' fees, the determination of the fee due to each arbitrator must be carried out by applying the parameters set out in Table No. 26 annexed to...
The exequatur decree of the arbitral award, issued pursuant to Articles 823 and 825 of the Code of Civil Procedure, constitutes a procedural order of a formal nature by which...
The special curator appointed pursuant to Article 78 of the Code of Civil Procedure to represent a company in a specific arbitration proceeding exhausts his mandate upon the res judicata...
A contractual arbitration award (arbitrato irrituale), even where its validity is contested in pending proceedings, constitutes suitable written evidence for the purposes of granting an order for payment pursuant to...