Public Administration cannot validly stipulate arbitration clauses providing for contractual arbitration (arbitrato irrituale), as such form of dispute resolution, entrusted to subjects identified without adequate guarantees of transparency and publicity,...
In matters of contractual arbitration (arbitrato irrituale) governed by general sector conditions, the arbitration clause contained in contracts concluded through a broker by tacit acceptance and signature of the broker...
The appointment of the third arbitrator with functions as president of the arbitral tribunal constitutes an activity reserved to the parties in dispute, and no administrative liability can be attributed...
The declaration of enforceability of an arbitral award pursuant to art. 825 of the Code of Civil Procedure constitutes a control of mere formal regularity that does not involve re-examination...
An arbitral award that has been set aside, whilst lacking binding effect, may be used by the court as mere probative documentation from which to derive factual elements useful to...
In interim proceedings under article 2476, third paragraph, of the Civil Code, a statutory clause providing for arbitration does not preclude the jurisdiction of the ordinary court for interim relief...
An arbitration clause contained in a business branch lease agreement, which provides for the referral of all disputes relating to the interpretation, performance and termination of the agreement to an...
The arbitration clause must necessarily be the result of a specific agreement between the parties, who must manifest their intention to derogate from ordinary jurisdiction, and cannot be adopted unilaterally...
The statutory arbitration clause providing for arbitral jurisdiction over disputes between shareholders or between shareholders and the company does not apply to relationships between the company and third parties who...
The interpretation of an arbitration clause must be conducted with reference to the literal text, the common intention of the parties and their overall conduct, without the failure to refer...
The challenge of a contractual arbitration award (arbitrato irrituale) for essential error is admissible when the formation of the arbitrators' will has been deviated by an altered perception or false...
An arbitration clause that expressly provides for judgment according to equity in the form of contractual arbitration (arbitrato irrituale), without observance of the rules and time limits established by law...