The interpretation of an arbitration clause must be conducted with reference to the literal text, the common intention of the parties and their overall conduct, without the failure to refer...
The challenge of a contractual arbitration award (arbitrato irrituale) for essential error is admissible when the formation of the arbitrators' will has been deviated by an altered perception or false...
The legitimacy of a partner's withdrawal from a company, when initially contested by the company itself, may be established by means of an arbitral award that resolves the dispute with...
Expenses incurred for initiating arbitral proceedings constitute recoverable consequential loss in cases of contractual breach by the counterparty, subject to proof of actual disbursement and where the arbitration was rendered...
The objection based on arbitration agreement has a procedural nature and constitutes a matter of jurisdiction, therefore it must be raised, on pain of forfeiture, in the first defensive pleading...
The arbitration clause contained in the articles of association, relating to disputes concerning corporate relationships, does not extend to disputes arising from shareholders' agreements lacking an arbitration clause, since disputes...
Where the parties have not determined in the arbitration agreement the procedural rules to be adopted, the arbitrators are free to regulate the structure of the proceedings in the manner...
In matters concerning opposition to a decree of enforceability of a foreign award, the territorial incompetence of the president of the court of appeal who issued the decree renders it...
In matters of arbitration, the contradiction referred to in art. 829, para. 1, no. 11, Code of Civil Procedure, for the purpose of allowing challenge for nullity of the award,...
Regarding nullity of arbitral awards for violation of rules on the appointment of arbitrators, the objection may be raised pursuant to Article 829, paragraph 2, of the Code of Civil...
The nullity of a merely potestative clause appended to an arbitration agreement does not render the entire arbitration agreement null and void when the clause is additional and not accepted...
The decree of enforceability of the arbitral award, pronounced pursuant to art. 825 of the Code of Civil Procedure, has a merely declaratory nature and is limited to verifying the...