The inadmissibility of a claim due to the provision of an arbitration clause for contractual arbitration (arbitrato irrituale) is ascertainable only upon objection by the interested party and not ex...
When the parties confer the power of appointment of arbitrators upon the Judicial Authority through contractual clause, the latter is invested with such power not directly by law but by...
The attributive effect of cognizance to arbitrators, proper to the compromissory agreement or the arbitration clause, is paralysed by the prevailing effect, produced by bankruptcy or the opening of extraordinary...
In the absence of proof that the contract containing the arbitration clause was subscribed by the person against whom it is intended to invoke that clause, in the face of...
The ordinary judicial authority lacks jurisdiction when the dispute falls within the scope of application of arbitration clauses contained in the articles of association of an entity, with consequent inadmissibility...
An objection relating to a contractual arbitration clause (arbitrato irrituale) pertains to the merits, inasmuch as the arbitral pronouncement is of a contractual and not jurisdictional nature, and the arbitration...
An arbitration clause presents a dual limitation: one on the subjective plane, concerning only disputes arisen between the subscribing parties specifically indicated, and the other on the objective plane, relating...
In the event of the succession of extraordinary administration proceedings in a contract containing an arbitration clause, that clause remains effective in the relationships between the parties, it not being...
Jurisdiction for the appointment of a special guardian pursuant to Articles 78 et seq. of the Code of Civil Procedure belongs to the ordinary court even when arbitral proceedings are...
Contestation regarding the very conclusion and existence of a particular written contract containing an arbitration clause does not cause the special jurisdiction of the arbitrators to fall away when the...
An arbitration clause which does not provide, failing to conform to the prescription of Article 34 of Legislative Decree 5/2003, that the nomination of the arbitrators must be effected by...
A contractual arbitration award (lodo arbitrale irrituale) does not have the effect of res judicata. Declarations made in arbitral proceedings by persons extraneous to the procedural relationship in which they...