The recognition of the enforceability of a foreign arbitral award pursuant to Article 839 of the Code of Civil Procedure is subject to verification of the formal regularity of the...
An arbitration clause that provides for the parties' right to bring proceedings before an arbitral tribunal, using the auxiliary verb "may", establishes optional arbitration and does not exclude the jurisdiction...
The objection based on an arbitration agreement is procedural in nature and constitutes a matter of jurisdiction, such that it must be raised, on pain of waiver, in the first...
In the presence of an arbitration clause providing for the constitution of an arbitral tribunal, interim relief may be sought before the competent ordinary court when the arbitral tribunal has...
The appointment of the arbitral tribunal by the president of the court may be conferred upon the same tribunal previously appointed when the case is connected with another ongoing arbitral...
An arbitration clause contained in a contract and signed by both parties is valid and effective in the absence of express disavowal of the entire agreement, not requiring the double...
The enforceability of an arbitral award made enforceable by court decree remains effective even when an appeal is pending against the award itself, unless the Court of Appeal expressly suspends...
In proceedings brought by a bankruptcy trustee for the recovery of a debt owed to the bankrupt estate, the defendant may raise by way of set-off the existence of their...
The appointment of the arbitrator by the President of the Court, pursuant to article 810 of the Code of Civil Procedure, constitutes an administrative measure aimed at ensuring the constitution...
An arbitration clause which refers to an arbitral tribunal the resolution of disputes relating to the validity, interpretation, performance, termination and discharge of the contract, including the consequences of termination,...
The inadmissibility of a judicial claim based on the provision of an arbitration clause for contractual arbitration (arbitrato irrituale) cannot be raised ex officio by the court, but must be...
Where there is a statutory arbitration clause that refers disputes between shareholders and the company to arbitrators, the court hearing an opposition to a payment order must declare its lack...