The case law of the Court of Cassation presents fluctuating approaches to the qualification of the exception relating to arbitration clauses, considering it alternatively as an exception of lack of...
Where an arbitration clause limits recourse to the ordinary court to invoices relating to goods received without dispute, the burden lies on the party invoking arbitral jurisdiction to prove that...
An arbitration clause containing reference to the interpretation and performance of the contract has comprehensive scope and encompasses all disputes having their causa petendi in the contract to which it...
An arbitral award that has acquired finality following judicial confirmation through the degrees of judgment constitutes suitable title for obtaining urgent interim relief under article 700 of the Code of...
The arbitration clause that refers to arbitrators the cognisance of disputes relating to the interpretation and performance of the contract is not applicable to claims for damages and, where there...
An arbitration clause that refers to arbitrators disputes concerning the interpretation, performance and termination of the contract, in the absence of express contrary intention, confers arbitral jurisdiction only over disputes...
If the contract containing an arbitration clause is terminated pursuant to art. 83 bis of the Bankruptcy Act, the pending arbitration proceedings cannot be continued and the commencement of new...
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...
The defence based on the existence of an arbitration clause for contractual arbitration (arbitrato irrituale) does not raise an issue of jurisdiction of the judicial authority, but contests the admissibility...
In companies limited by shares, an arbitration clause contained in the articles of association takes precedence over the special provision that confers jurisdiction on the court for the exclusion of...
For the purposes of declaring an arbitral award enforceable pursuant to article 825 of the Code of Civil Procedure, the judge must verify the formal regularity of the award and...