Article 810, paragraph 2, of the Code of Civil Procedure, which allows a party to apply to the President of the court for the appointment of an arbitrator in case...
An objection to jurisdiction based on an arbitration clause contained in a construction contract cannot be upheld when the procedural relationships involving the parties bound by the arbitration agreement are...
An arbitral award, by virtue of the equivalence of its effects to those of a judgment pronounced by a judicial authority pursuant to Article 824-bis of the Code of Civil...
In non-contentious proceedings concerning the appointment of an arbitrator pursuant to Article 810 of the Code of Civil Procedure, withdrawal of the application cannot give rise to an order on...
A statutory clause requiring the parties to "undertake" to resort to conciliation before commencing any judicial or arbitral proceedings constitutes a legally binding obligation and not a mere option, given...
In contractual arbitration (arbitrato irrituale), the contractual content of the award is not limited to the determinations set out in the operative part of the decision, but also includes the...
The challenge for nullity of an arbitral award constitutes proceedings subject to restricted grounds of appeal, which may be brought exclusively within the limits established by Article 829 of the...
In contractual arbitration (arbitrato irrituale), the resolution of the dispute takes place on a purely contractual basis, as the parties entrust the arbitrators with the task of settling the dispute...
Contractual arbitration (arbitrato irrituale) has a contractual nature, in that the parties entrust the arbitrators with the task of settling the dispute by means of an ascertainment agreement, undertaking to...
The question concerning the existence or otherwise of an arbitration agreement between the parties constitutes a matter of jurisdiction and not of subject-matter jurisdiction, with the consequence that, on appeal,...
An arbitration clause which refers to an arbitral tribunal disputes relating to the contract, with express exclusion of those concerning rent and sums agreed between the parties, determines the jurisdiction...
An arbitration clause contained in the articles of association of a partnership, which submits to arbitrators disputes between partners relating to the interpretation and application of the articles of association,...