The consensual qualification of the arbitration clause in terms of institutional arbitration by the parties during the proceedings entails the attribution of jurisdictional nature to the arbitral activity and precludes...
The recognition of enforceability of a foreign arbitral award pursuant to art. 839 of the Code of Civil Procedure requires verification of the formal regularity of the award, the arbitrability...
The qualification of an arbitration clause as attributing institutional arbitration or contractual arbitration (arbitrato irrituale) must be conducted by applying the general rules of contractual interpretation, taking into account that...
An arbitration clause contained in a company's articles of association is null and void, pursuant to Article 34, paragraph 2, of Legislative Decree No. 5 of 17 January 2003, when...
In proceedings for challenging the nullity of an arbitral award, the rule of specificity in formulating grounds prescribed for cassation appeals applies, in consideration of the rescissory nature of such...
Contractual arbitration (arbitrato irrituale), characterised by the parties' waiver of ordinary jurisdiction in favour of a contractual resolution of disputes, renders judicial proceedings inadmissible where provided for by a binding...
The arbitrator's right to receive payment of fees arises from having actually performed the duties conferred upon them, within the framework of the agency relationship existing between the parties and...
An arbitration clause contained in condominium regulations or multi-ownership regulations unilaterally drafted by the builder-seller and referenced in a sale and purchase agreement concluded between a professional and a consumer...
In matters concerning the recognition and enforcement of foreign arbitral awards, when a foreign branch of an Italian company, despite lacking autonomous legal personality under the law of the place...
An arbitration clause that does not contain the appointment of arbitrators but establishes their number and the method of appointment is valid and effective pursuant to article 809, paragraph 2,...
The nullity of an arbitral award for lack of reasoning is established when arbitrators fail to examine and decide on exceptions timely raised by the parties during the arbitral proceedings,...
The application for suspension of the enforcement effect of the decree recognising and enforcing a foreign arbitral award must be rejected when the applicant party adduces as the sole ground...