An arbitration clause that refers disputes between the contracting parties to arbitral jurisdiction does not extend to disputes where the defendant is a third party not bound by the contract...
In the presence of an arbitration agreement, the court may proceed to appoint the sole arbitrator pursuant to art. 810 of the Code of Civil Procedure when the procedural requirements...
An arbitration clause for contractual arbitration (arbitrato irrituale) contained in the articles of association renders judicial claims inadmissible due to the parties' waiver of legal action, as the parties have...
The challenge to an arbitral award under article 829 of the Code of Civil Procedure is limited in scope and does not permit a review on the merits of the...
The presence of a contractual arbitration (arbitrato irrituale) clause does not preclude the availability of interim proceedings under art. 700 of the Code of Civil Procedure before the ordinary court,...
The presence of an arbitration clause excludes the admissibility of an application under art. 696-bis of the Code of Civil Procedure for preventive technical expert evidence, as such institute, not...
A clause in an insurance contract providing for the delegation to two experts, appointed by the parties, of the assessment of damages constitutes a contractual expert determination and not arbitration,...
The adherence of both parties to the plea of lack of jurisdiction in favour of arbitration, based on an arbitration clause pursuant to art. 808 of the Code of Civil...
The objection regarding the arbitrator's lack of power of ius dicere constitutes a procedural objection that must be timely raised in the arbitral proceedings, on pain of waiver, and cannot...
The reiteration of an application for suspension of the executory effect of an arbitral award, already rejected, is admissible under Article 283, paragraph 2, of the Code of Civil Procedure...
The classification of arbitration as institutional or contractual depends on the will of the parties as expressed in the arbitration agreement. When the parties have unambiguously defined the arbitration as...
An arbitration clause contained in a contract maintains its binding effect even with respect to disputes arising from subsequent agreements which, whilst not expressly reproducing the arbitration clause, constitute mere...