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...
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...
The application for a declaration of enforceability of an arbitral award must be filed, pursuant to Article 825 of the Code of Civil Procedure, with the registry of the court...
An arbitration clause contained in a professional services contract is not enforceable against a party nor does it produce effects precluding judicial proceedings where the contract containing it has been...
An action for liability against arbitrators, pursuant to Article 813-ter, paragraph 3, of the Code of Civil Procedure, may be brought during pending arbitration proceedings exclusively in the circumstances provided...