In the presence of an arbitration clause that confers jurisdiction on the merits on arbitrators, the application for interim relief must be brought before the ordinary court that would have...
In the matter of partnerships, in the absence of an explicit statutory provision extending the arbitrability of corporate disputes to the heirs of a deceased member, the latter, even if...
The pendency of arbitral proceedings with a hearing already scheduled constitutes an element capable of excluding the existence of the periculum in mora requirement for the granting of interim relief...
In proceedings to set aside an arbitral award, the party bears the burden of producing the file of the relevant proceedings, by making an express request to the secretary of...
The arbitration clause contained in the articles of association of a cooperative or consortium company, which provides for the referral to arbitrators of all disputes arising from the corporate relationship,...
The existence of an arbitration clause in the articles of association, which mandatorily refers to arbitration disputes between members and the company arising from the corporate relationship, results in the...
The existence of an arbitration clause precludes recourse to a preliminary technical consultation for the purpose of settling the dispute under Article 696-bis of the Code of Civil Procedure, given...
The arbitration clause that refers to the arbitrators the phase of opposition to the payment order, whilst reserving to the ordinary jurisdiction the issuance of the order itself, is valid...
An application for a pre-action conservatory attachment may be brought before the ordinary court, by way of interim relief, prior to the commencement of the arbitral proceedings provided for by...
In proceedings to set aside an arbitral award on grounds of nullity pursuant to Article 829 of the Code of Civil Procedure, the court hearing the challenge is not called...
A dispute concerning the challenge of a general meeting resolution on the grounds of a lack of the requirements of truthfulness, clarity and precision of the financial statements or of...
In the interpretation of an arbitration clause, in order to distinguish between arbitration and contractual arbitration (arbitrato irrituale), the clause must be interpreted with reference to the literal text, the...