The arbitral jurisdiction arising from an arbitration clause constitutes a case of simple lack of jurisdiction of the ordinary court, which may be raised only on application by a party...
In the field of arbitration, the scope of an arbitration agreement containing an indication of the disputes to be referred to arbitration by reference to specific abstract categories—such as the...
Where an arbitration clause refers all disputes between the parties to arbitration, the ordinary court that has issued an order for payment must decline jurisdiction pursuant to Article 819 ter(1)...
The conferral upon arbitrators of the power to grant interim measures pursuant to Article 818 of the Code of Civil Procedure cannot be inferred from the mere existence of an...
The declaration of enforceability of an arbitral award pursuant to Articles 823–825 of the Code of Civil Procedure is conditional upon verification of the formal regularity of the award and...
In the field of arbitral jurisdiction, the presence of an arbitration clause does not preclude the creditor from seeking and obtaining from the ordinary court an order for payment in...
The appointment of a special curator made by the arbitral tribunal in the course of proceedings on the merits, in order to protect a party whose representative has a conflict...
Upon an application under Article 810 of the Code of Civil Procedure, the president of the court has jurisdiction to appoint the third arbitrator to act as chairman of the...
Arbitrators have the power to order, by way of a non-appealable order, the stay of the effects of a challenged shareholders' resolution, pursuant to Article 35 of Legislative Decree No....
A contractual arbitration award (arbitrato irrituale), so characterised by the arbitration clause, constitutes sufficient proof of the existence of a debt that is certain, liquidated and due for the purposes...
The existence of an arbitration clause in the contract between the parties does not preclude the jurisdiction of the ordinary court to issue an order for payment, although such jurisdiction...
In arbitral proceedings, pursuant to Article 816 ter(3) of the Code of Civil Procedure, the ordinary court orders the attendance of a witness before the arbitrator, who shall independently fix...