The annulment of an arbitral award by the Court of Appeal for lack of jurisdiction does not automatically result in the cancellation of the effects of that award where such...
A contractual arbitration award (arbitrato irrituale) whose validity has been confirmed by a final judgment following challenge proceedings pursuant to Article 808-ter of the Code of Civil Procedure cannot be...
The prior completion of testing of public works constitutes a procedural prerequisite that conditions the availability of arbitration, configuring itself as a procedural exception whose absence cannot be raised ex...
An arbitration clause contained in the articles of association of a company which refers to the rules of an arbitral institution, which in turn provide that the power to appoint...
The joint and several liability of the parties towards the arbitrators for the payment of fees, provided for by Article 814, paragraph 1, of the Code of Civil Procedure, does...
An arbitration clause conferring upon arbitrators jurisdiction over disputes relating to the interpretation, application and performance of a works contract also encompasses disputes concerning the payment of the consideration for...
A contractual clause which confers upon the judicial authority of a specific forum jurisdiction over "all disputes" arising from the contract, excluding arbitral jurisdiction, does not constitute an exclusive jurisdiction...
An arbitration clause contained in a public works contract does not preclude the jurisdiction of the ordinary court where, following an objection of lack of jurisdiction raised by the defendant,...
Pursuant to Article 816-ter of the Code of Civil Procedure, where a witness refuses to appear before the arbitrators, the latter may request the President of the Court of the...
With regard to the challenge of an arbitral award for nullity pursuant to Article 829, paragraph 1, no. 9, of the Code of Civil Procedure, the violation of the principle...
A generic expression contained in a contract which merely mentions an arbitral chamber as the seat of "arbitration and appeal", without further specification as to the mandatory submission of disputes...
An application for suspension of the enforcement of an arbitral award pursuant to Article 830, paragraph 4, of the Code of Civil Procedure cannot be granted where the only condemnatory...