Contractual arbitration (arbitrato irrituale), whereby the parties entrust a third party with the resolution of disputes through a contractual instrument referable to their will, is validly constituted when the contracting...
Even in the presence of an arbitration clause submitting the dispute to arbitrators, the party retains the power to apply to the ordinary court for interim relief pending the appointment...
An arbitration clause providing for international arbitration contained in a contract extends its effectiveness to all disputes which, although based on different titles such as invoices or subsequent agreements, find...
The contractual expert determination provided for in insurance policies, aimed at quantifying damage through the intervention of experts appointed by the parties, is to be distinguished from contractual arbitration (arbitrato...
An arbitration clause contained in a condominium regulation of a contractual nature, which refers to arbitration disputes between owners or between owners and the administrator relating to the interpretation and...
An arbitration clause providing for institutional arbitration contained in a business branch lease agreement does not preclude recourse to eviction validation proceedings for non-payment of rent, given that disputes reserved...
The presence of an arbitration clause for institutional arbitration in the contract at issue does not preclude the creditor from obtaining an order for payment from the ordinary court for...
In matters of challenge to an arbitral award, the contradiction relevant pursuant to Article 829, paragraph 1, No. 11 of the Code of Civil Procedure does not correspond to the...
The preventive technical assessment for conciliation purposes pursuant to Article 696-bis of the Code of Civil Procedure, not being of a precautionary nature and being independent of the assessment of...
The issue arising from the objection of arbitration, whether institutional or contractual arbitration (arbitrato irrituale), raised before the ordinary court seised notwithstanding that the dispute has been referred to arbitrators,...
An arbitration clause inserted in a public procurement contract, pursuant to Article 241 of Legislative Decree No. 163/2006 as amended by Article 1, paragraph 19, of Law No. 190/2012, is...
An arbitration clause contained in a contract must be interpreted as conferring arbitral jurisdiction only over disputes relating to claims having their causa petendi in the contract to which it...