A declaration of *lis pendens* in an arbitral award regarding claims already subject to ordinary court proceedings does not constitute nullity of the award under article 829 of the Code...
In matters concerning the recognition and enforcement of foreign arbitral awards, when a foreign branch of an Italian company, despite lacking autonomous legal personality under the law of the place...
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 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...
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...
An arbitration clause does not require the specific written approval referred to in Article 1341, paragraph 2, of the Civil Code when it is not included in general contract terms...