An arbitration clause which entirely delegates to a third-party body the determination of the arbitration rules, including the choice as to the institutional or contractual (arbitrato irrituale) nature of the...
The judgment by which the ordinary court, upholding the defence of arbitration agreement, declines its own jurisdiction in favour of the arbitrators is challengeable exclusively by means of the compulsory...
In matters of arbitration, pursuant to Article 814 of the Code of Civil Procedure, the parties to arbitration proceedings are jointly and severally liable for payment of the costs and...
An arbitration clause inserted in a contract concluded between a professional and a condominium is subject to the consumer protection rules set out in Legislative Decree No. 206/2005, given that...
The extension of the time limit for filing the arbitral award, pursuant to Article 820 of the Code of Civil Procedure, may be granted by the president of the competent...
The presence of an arbitration clause in the contract from which the claim arises does not preclude the creditor from requesting and obtaining from the ordinary court an injunction order...
The pendency of arbitration proceedings between some of the parties does not preclude the bringing of an application for pre-action interim relief before the ordinary court against persons who are...
An arbitration clause contained in a leasing contract, which reserves to the arbitral tribunal jurisdiction over disputes relating to that contract, does not automatically extend to suretyship guarantee relationships entered...
Decisions taken by banking and financial arbitration bodies concerning the reimbursement of insurance charges and unaccrued intermediation commissions following early repayment of financing do not affect the passive legitimacy of...
With regard to appeals, where an objection based on an arbitration agreement has been expressly rejected by the first instance court, the party who prevailed on the merits and wishes...
Interim relief proceedings under Article 700 of the Code of Civil Procedure cannot be used to obtain a decision which, by anticipating the determination entrusted to the arbitrators pursuant to...
An arbitration clause providing for an arbitral tribunal acting as "amiable compositeur", which "shall decide ex bono et aequo without procedural formalities", constitutes contractual arbitration (arbitrato irrituale), the objection to...