The challenge to an arbitral award for breach of substantive law rules is admissible under Article 829, paragraph 3 of the Code of Civil Procedure only if such right is...
In matters of institutional arbitration, where an award is set aside by the Court of Cassation for breach of legal provisions, the Court of Appeal on remand is entitled to...
A contractual clause providing for international arbitration for all disputes arising between the parties, even if only connected to the contract, determines lack of jurisdiction of the Italian court and...
In matters of arbitral proceedings, violation of the adversarial principle can only be established where there is an actual impairment of a party's opportunity to present arguments and counter-arguments, and...
The arbitration clause contained in condominium regulations which excludes from contractual arbitration (arbitrato irrituale) disputes concerning "primary rights arising from titles of acquisition" must be interpreted as referring to violations...
The arbitration clause contained in tender specifications unilaterally prepared by the public administration is not binding on the private contracting party unless it is expressly agreed and accepted, as it...
The special curator appointed pursuant to art. 78 of the Code of Civil Procedure remains in office until the contingent situation that rendered the appointment necessary ceases to exist, with...
The objection based on arbitration agreement has a procedural character and constitutes a question of jurisdiction, in consideration of the jurisdictional nature of institutional arbitration and its function as a...
An arbitration clause contained in a contract maintains its effectiveness and extends arbitral jurisdiction to all disputes arising from the contractual relationship when the arbitral award has declared the claim...
The challenge to an arbitral award for violation of rules of law relating to the merits of the dispute, governed by Article 829 paragraph 3 of the Code of Civil...
A claim for declaration of nullity of an arbitration clause and the related arbitral award is extinguished by renunciation of the action, resulting in cessation of the subject matter of...
An insurance policy clause that assigns to third parties the assessment of damage through contractual expert appraisal constitutes a case of contractual expert appraisal and not arbitration, institutional or contractual,...