A contractual arbitration award (arbitrato irrituale), being contractual in nature, may be challenged exclusively on grounds of defects that may vitiate any contractual manifestation of will, such as incapacity of...
Contractual arbitration (arbitrato irrituale) arises where the parties confer upon the arbitral tribunal a binding decision-making function, encompassing the assessment of both the quantum and the an debeatur, as may...
An arbitration clause contained in a company's articles of association is void, pursuant to Article 34 of Legislative Decree No. 5/2003 (a provision which was incorporated into Article 838-bis, paragraph...
The lack of jurisdiction of the state court in favour of international arbitration constitutes a distinct and autonomous issue from the objection based on an arbitration agreement, which must be...
An arbitral award concerning the annulment of a general meeting resolution confirming the appointment of a condominium administrator, being a decision of a purely declaratory or constitutive nature, does not...
The participation of an heir who has accepted the inheritance with benefit of inventory in institutional arbitration proceedings, intended to conclude with an award to resolve disputed matters between the...
A provision in the articles of association that refers to an expert appointed by the court the determination of the value of the share of a withdrawing member, in the...
The obligation to state reasons for an arbitral award, provided for by Article 823 of the Code of Civil Procedure, must be deemed satisfied even by a summary exposition of...
With regard to third-party revocatory opposition against an arbitral award, a shareholder of a limited liability company has standing to bring the challenge not in his capacity as shareholder, to...
The interpretation of contracts constitutes the proper and exclusive function of the trial court, such that in proceedings on appeal to the Court of Cassation against a judgment deciding on...
An arbitration clause contained in a construction contract does not automatically extend to settlement agreements subsequently entered into between the same parties to regulate the consequences of the termination of...
In arbitration proceedings brought by a shareholder for damages allegedly caused to the company by the sitting administrative body, there exists a conflict of interest between the company and the...