The plea of arbitration agreement raised by the defendant in ordinary proceedings, aimed at asserting the existence of an arbitration clause, does not automatically result in the acceptance of the...
The plea of arbitration agreement raised by the defendant in ordinary proceedings does not automatically determine the outcome of the dispute in favour of a declaration declining jurisdiction in favour...
The plea of an arbitration agreement under art. 819-ter cod. proc. civ. must be raised, on pain of preclusion, in the statement of defence duly filed in first instance proceedings;...
An arbitral award, once communicated to the parties, constitutes valid title to establish the creditor's standing to bring an ordinary revocation action pursuant to Article 2901 of the Civil Code,...
The objection of lack of potestas iudicandi of the arbitrators, based on the nullity of the arbitration clause for lack of specific signature pursuant to Article 1341, paragraph 2, of...
The presence of an arbitration clause in the contract which is the subject matter of the proceedings determines the lack of jurisdiction of the ordinary court to hear the dispute,...
The determination issued by the Technical Advisory Board, established pursuant to Decree-Law No. 76/2020, which rules on the termination of a contract for works, has the nature of a contractual...
The distinction between institutional arbitration and contractual arbitration (arbitrato irrituale) is not based on the circumstance that only in the former the parties have delegated to the arbitrators a function...
An arbitration clause inserted in a public procurement contract without having been previously indicated in the call for tenders or without the required authorisation is void pursuant to Article 209(1)...
An arbitration clause contained in the articles of association of a cooperative society, specifically approved in writing by the member in the application for admission with an express declaration of...
The preliminary technical investigation with conciliatory purpose pursuant to Article 696-bis of the Code of Civil Procedure does not fall within the interim proceedings to which Article 669-quinquies of the...
In matters of arbitration, the principle that the jurisdiction of arbitrators is not excluded by the connection between the dispute referred to them and proceedings pending before the ordinary court,...