An arbitration clause that limits recourse to the ordinary courts to invoices relating solely to goods received without objection does not preclude the granting of a decree for payment when...
Arbitration clauses contained in contracts entered into by consumers for purposes unrelated to business or professional activities are presumed to be unfair under Article 33, letter t), of the Consumer...
The sole arbitrator lacks standing to request the liquidation of the compensation due to the secretary of the arbitral tribunal. The liquidation of the arbitrator's compensation must be assessed taking...
The presence of an arbitration clause conferring jurisdiction on arbitrators to decide the dispute on the merits creates incompatibility with preliminary technical investigation proceedings aimed at conciliation under article 696-bis...
In matters of institutional arbitration, where arbitrators make the continuation of proceedings conditional upon advance payment of foreseeable costs, failure to pay the cost deposit within the fixed term determines...
The determination of a technical advisory panel to which the parties have attributed the nature of a contractual award pursuant to article 808-ter of the Code of Civil Procedure constitutes...
Jurisdiction over ante causam interim applications belongs to the ordinary judicial authority and not to arbitrators, pursuant to art. 818, para. 2, code of civil procedure, until the acceptance by...
Arbitrators have the power to regulate the conduct of proceedings in the manner they deem most appropriate when the parties have not established in the arbitration agreement or by separate...
The challenge for nullity of an arbitral award is not equivalent to an act of appeal, being designed to render void the entire award, with effect also on the determinations...
Once the peremptory time limit provided for the appointment of the arbitrator has expired, the arbitration clause loses its binding effect between the parties, and can no longer be invoked...
The declaration of enforceability of an arbitral award pursuant to art. 825 of the Code of Civil Procedure constitutes a control of mere formal regularity that does not involve re-examination...
Public Administration cannot validly stipulate arbitration clauses providing for contractual arbitration (arbitrato irrituale), as such form of dispute resolution, entrusted to subjects identified without adequate guarantees of transparency and publicity,...