The enforceability of an arbitral award made enforceable by court decree remains effective even when an appeal is pending against the award itself, unless the Court of Appeal expressly suspends...
In proceedings brought by a bankruptcy trustee for the recovery of a debt owed to the bankrupt estate, the defendant may raise by way of set-off the existence of their...
The appointment of the arbitrator by the President of the Court, pursuant to article 810 of the Code of Civil Procedure, constitutes an administrative measure aimed at ensuring the constitution...
An arbitration clause which refers to an arbitral tribunal the resolution of disputes relating to the validity, interpretation, performance, termination and discharge of the contract, including the consequences of termination,...
The arbitration clause contained in the condominium regulations providing for the referral to arbitrators of any dispute between owner and management concerning the application and interpretation of the regulations themselves...
The challenge to an arbitral award for violation of legal rules is admissible when the arbitration clause expressly provides that the arbitration is to be institutional arbitration conducted according to...
In the case of a corporate arbitration clause inserted in the articles of association before the amendment introduced by Legislative Decree No. 40 of 2006, it is admissible to challenge...
The challenge to an arbitral award for nullity, governed by article 829 of the Code of Civil Procedure, is of a limited nature and does not give rise to appellate...
In proceedings for nullity of an arbitral award, compliance with the specificity requirement is sufficient, without the need for specific indication of the statutory provisions allegedly violated, provided that the...
In matters concerning the challenge of arbitral awards, voluntary intervention by the administrator of the judicial liquidation (liquidazione giudiziale) of the original party is admissible in cassation proceedings, albeit within...
The waiver of the arbitration clause objection may be validly formalized during the course of the proceedings on the merits by filing a brief pursuant to article 171 ter No....
An arbitration clause providing that the resolution of disputes "may" be referred to arbitration is not merely optional in nature, but binds the parties to the arbitral procedure, since the...