Disputes concerning the challenge of condominium assembly resolutions, relating to disposable rights, may be referred to arbitration, as they do not fall within any of the prohibitions set out in...
An arbitration clause contained in a share transfer agreement, which refers to arbitrators disputes between shareholders or between shareholders and the company relating to the interpretation and performance of the...
An arbitration clause contained in a preliminary contract for participation in a tender procedure (Pre-bid Agreement), whereby the parties undertake to submit to arbitrators disputes relating to the interpretation and...
The raising of an objection to the jurisdiction of the ordinary court in favour of the arbitral tribunal, based on the existence of an arbitration clause, does not require the...
The existence of an arbitration clause for institutional arbitration does not preclude the jurisdiction of the ordinary court to issue a payment order; however, where an opposition is filed based...
Article 815, paragraph 1, no. 6-bis of the Code of Civil Procedure, insofar as it provides for the challenge of an arbitrator on serious grounds of convenience such as to...
In matters of contractual arbitration (arbitrato irrituale), the conditions precedent imposed by the arbitral tribunal in the award for the protection of one of the parties must be strictly complied...
The objection of inadmissibility of a judicial claim for failure to pursue the arbitration proceedings contractually agreed upon by the parties constitutes a preliminary procedural issue which must be raised...
An arbitration clause contained in a contract entered into between entrepreneurs is not subject to the requirement of specific written approval provided for by Articles 1341 and 1342 of the...
An arbitration clause contained in a standard form contract, unilaterally drafted by one of the parties, is ineffective against the adhering party where it has not been specifically approved in...
The existence of an arbitration clause does not preclude the jurisdiction of the ordinary court to issue an order for payment, given that the rules governing arbitration proceedings do not...
In the presence of a statutory arbitration clause, the ordinary court retains jurisdiction to issue a payment order for debts arising from corporate relationships; however, where the debtor against whom...