The suspension of limitation provided for during the conduct of contractual arbitration (arbitrato irrituale) proceedings does not operate where such proceedings, being contractual and optional in nature, are not accepted...
Where an arbitration clause provides for an exception to arbitral jurisdiction in respect of certain disputes, such exception must be construed restrictively, with the consequence that counterclaims or defences that...
The Italian ordinary courts have jurisdiction to execute international letters rogatory issued by foreign arbitral tribunals, in accordance with international conventions on judicial assistance in civil matters, for the purpose...
Where an arbitration clause refers to administered arbitration rules containing provisions on emergency arbitration, exclusive interim jurisdiction is conferred upon the arbitrators only where the parties have expressly manifested such...
For the purposes of recognising the validity of an arbitration clause capable of founding arbitral jurisdiction and excluding the jurisdiction of the ordinary courts, the arbitration agreement must result from...
Pursuant to Article 810, paragraph 3, of the Code of Civil Procedure, the review by the President of the Court of the appointment of the arbitrator is limited to the...
An arbitration clause providing for optional, rather than mandatory, arbitration does not deprive the ordinary court of jurisdiction to hear the dispute that is the subject of the arbitration agreement.
In the absence of agreement between the parties on the determination of the fees payable to the arbitrator, the assessment pursuant to Article 814, paragraph 2, of the Code of...
A statutory arbitration clause devolving to arbitrators disputes between partners does not deprive the ordinary court of jurisdiction over disputes concerning contractual relationships of a personal nature and extraneous to...
An arbitration clause contained in a contractual instrument produces effects solely in respect of disputes relating to the contractual relationship in which it is inserted and does not extend to...
For an arbitration clause to operate as a ground for the lack of jurisdiction of the ordinary court, it is necessary that the arbitration agreement identify with sufficient specificity the...
The presence of an arbitration clause in a contract deprives the ordinary court of jurisdiction in respect of disputes concerning that specific contractual relationship, whilst jurisdiction remains with the ordinary...