The regulation of arbitration clauses in articles of association laid down by Article 34, paragraph 6, of Legislative Decree No. 5/2003 – which provides for approval by a majority of...
The objection based on an arbitration clause contained in the construction contract, raised by the defendant who appeared late in the proceedings, is time-barred and must be dismissed, as it...
A dispute concerning the challenge of a resolution approving company accounts for failure to meet the requirements of truthfulness, clarity and precision cannot be referred to arbitration, since the rules...
The challenge to an arbitral award constitutes a means of appeal subject to limited grounds of review, by virtue of which the Court of Appeal is not called upon to...
A contractual arbitration award (arbitrato irrituale), once final following the dismissal of the challenge, constitutes a binding determination of the ownership of the disputed rights between the parties, capable of...
An arbitration clause contained in a terminated contract does not extend its effectiveness to disputes arising from a subsequent and autonomous agreement entered into between the parties after the termination...
A clause contained in a collective agreement which refers to an internal body (such as the Guarantors' Committee) jurisdiction over appeals against decisions of the Electoral Commission constitutes an arbitration...
An arbitral award, when challenged, only becomes final upon the res judicata of the judgment dismissing the challenge; therefore, for the purposes of the commencement of the limitation period for...
The arbitrator's right to remuneration for the activity carried out arises from the mere fact of the actual performance of the mandate, regardless of the pendency of proceedings challenging the...
A challenge to a contractual arbitration award (arbitrato irrituale), pursuant to Article 808-ter of the Code of Civil Procedure, may be brought exclusively by a party who has acquired party...
In matters of recognition and enforcement of foreign arbitral awards, the review of compliance with procedural public policy does not extend to any violation of foreign procedural provisions protecting a...
The challenge to an arbitral award constitutes a challenge subject to restricted grounds of review, in which the cognisance devolved to the Court of Appeal is limited, at the rescinding...