The existence of a compromissory clause for contractual arbitration (arbitrato irrituale) does not give rise to a question of jurisdiction or competence in the technical sense, but rather a question...
An arbitration clause contained in a contract between a professional and a consumer is presumed to be unfair pursuant to Article 33, paragraph 2, letter t), Legislative Decree 6 September...
An arbitration clause which refers to the arbitral tribunal "any dispute that may arise in relation to the performance and/or interpretation of the contract, none excluded" determines the functional lack...
The revocation of judgments of the Court of Cassation for error of fact, pursuant to Article 395, No. 4 of the Code of Civil Procedure, cannot concern the interpretative and...
The challenge of an arbitral award for violation of rules of law relating to the merits of the dispute is admissible when the arbitration agreement predates 2 March 2006, with...
Article 819-ter of the Code of Civil Procedure, applicable also to contractual arbitration (arbitrato irrituale) according to established doctrinal opinion, establishes the principle of parallel proceedings, whereby the pendency of...
An arbitrator to whom the parties have referred potential disputes arising from a contract concluded between them by means of an appropriate arbitration clause has jurisdiction to determine claims founded...
Disputes concerning the dissolution of companies cannot be submitted to arbitration, notwithstanding the presence of an arbitration clause in the articles of association, as they involve not only the particular...
In cases of contractual arbitration (arbitrato irrituale), the final award may be challenged, in addition to the cases provided for by Article 808-ter of the Code of Civil Procedure, also...
The objection based on an arbitration clause determines the lack of jurisdiction of the ordinary court and entails the revocation of the payment order issued in violation of the arbitral...
The challenge proceedings against an arbitral award pursuant to article 827 of the Code of Civil Procedure do not constitute appellate proceedings but rescissory proceedings with limited grounds for review,...
An arbitration clause providing for the referral of disputes to a board of probiviri (industrial arbitrators) with the value of a contractual arbitration award does not automatically entail waiver of...