Where there are multiple connected claims, only some of which fall within the scope of an arbitration clause, the arbitral jurisdiction is absorbed and excluded by that of the ordinary...
An arbitration clause contained in a contract entered into between the client and a service provider, which refers to an arbitral tribunal disputes relating to the performance of that contract,...
In proceedings for the challenge of an arbitral award on grounds of nullity, the principle of the internal expansive effect of reversal applies, pursuant to Article 336, paragraph 1, of...
The objection based on an arbitration clause contained in the construction contract, raised by the defendant who appeared late in the proceedings, is time-barred and must be dismissed, as it...
A dispute concerning the challenge of a resolution approving company accounts for failure to meet the requirements of truthfulness, clarity and precision cannot be referred to arbitration, since the rules...
The challenge to an arbitral award constitutes a means of appeal subject to limited grounds of review, by virtue of which the Court of Appeal is not called upon to...
A contractual arbitration award (arbitrato irrituale), once final following the dismissal of the challenge, constitutes a binding determination of the ownership of the disputed rights between the parties, capable of...
An arbitration clause contained in a terminated contract does not extend its effectiveness to disputes arising from a subsequent and autonomous agreement entered into between the parties after the termination...
The regulation of arbitration clauses in articles of association laid down by Article 34, paragraph 6, of Legislative Decree No. 5/2003 – which provides for approval by a majority of...
The challenge to an arbitral award constitutes a challenge subject to restricted grounds of review, in which the cognisance devolved to the Court of Appeal is limited, at the rescinding...
An arbitration clause referring disputes arising from a sports agency contract to sports arbitration does not preclude recourse to the ordinary courts for the protection of credit rights arising from...
An arbitration clause contained in a public works contract, which provides either party with the option to decline arbitral jurisdiction within a specified period from receipt of the request for...