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 waiver of challenge to an arbitral award is equivalent to a waiver of action and results in the award becoming res judicata, producing immediate effect without requiring acceptance by...
In an appeal to the Court of Cassation against a judgment that has decided on the challenge to an arbitral award, the review of legality must be conducted exclusively by...
In matters of contractual arbitration (arbitrato irrituale) governed by article 412-quater of the Code of Civil Procedure, the award is not challengeable through ordinary forms and procedures but only in...
The arbitration clause contained in the articles of association of a cooperative, which refers to arbitrators disputes between members or between members and the company concerning available rights relating to...
The challenge of an arbitral award for nullity pursuant to Article 829 of the Code of Civil Procedure has the character of a limited challenge, admitted only for certain procedural...
In the presence of an arbitration clause, the ordinary court seized by application for a payment order lacks jurisdiction in favour of the arbitral tribunal, and must declare its lack...
The presence of an arbitration clause in the articles of association determines arbitral jurisdiction for disputes relating to liability actions against company directors, with consequent liquidation of procedural costs of...
An arbitral award which is merely declaratory in nature, lacking any elements of condemnation, does not constitute a suitable title for the request of a payment order under article 633...
In matters of arbitration, where arbitrators have acted with intent or gross negligence, any right to remuneration and reimbursement of expenses is excluded pursuant to Article 813-ter of the Code...