The challenge to an arbitral award for breach of substantive law rules is admissible under Article 829, paragraph 3 of the Code of Civil Procedure only if such right is...
In matters of institutional arbitration, where an award is set aside by the Court of Cassation for breach of legal provisions, the Court of Appeal on remand is entitled to...
The arbitration clause contained in a consortium statute that confers jurisdiction to the arbitral tribunal for all disputes relating to the application, performance and interpretation of the consortium contract maintains...
A contractual clause providing for international arbitration for all disputes arising between the parties, even if only connected to the contract, determines lack of jurisdiction of the Italian court and...
In matters of arbitral proceedings, violation of the adversarial principle can only be established where there is an actual impairment of a party's opportunity to present arguments and counter-arguments, and...
The arbitration clause contained in condominium regulations which excludes from contractual arbitration (arbitrato irrituale) disputes concerning "primary rights arising from titles of acquisition" must be interpreted as referring to violations...
The arbitration clause contained in tender specifications unilaterally prepared by the public administration is not binding on the private contracting party unless it is expressly agreed and accepted, as it...
A claim for declaration of nullity of an arbitration clause and the related arbitral award is extinguished by renunciation of the action, resulting in cessation of the subject matter of...
An insurance policy clause that assigns to third parties the assessment of damage through contractual expert appraisal constitutes a case of contractual expert appraisal and not arbitration, institutional or contractual,...
In case of assignment of credit arising from a contract containing an arbitration clause for contractual arbitration (arbitrato irrituale), the assigned debtor may raise against the assignee the defence of...
An arbitration clause contained in general contract conditions satisfies the requirement of specific written approval under Article 1341 of the Civil Code even when it is referenced by numerical indication...
The special curator appointed pursuant to art. 78 of the Code of Civil Procedure remains in office until the contingent situation that rendered the appointment necessary ceases to exist, with...