The issue arising from the objection of arbitration, whether institutional or contractual arbitration (arbitrato irrituale), raised before the ordinary court seised notwithstanding that the dispute has been referred to arbitrators,...
An arbitration clause inserted in a public procurement contract, pursuant to Article 241 of Legislative Decree No. 163/2006 as amended by Article 1, paragraph 19, of Law No. 190/2012, is...
An arbitration clause contained in a contract must be interpreted as conferring arbitral jurisdiction only over disputes relating to claims having their causa petendi in the contract to which it...
The declaration of lack of jurisdiction by the arbitral tribunal, with simultaneous grant of a time limit for resumption of proceedings before the competent ordinary court, gives rise to translatio...
Where the arbitral tribunal has failed to quantify the costs of the proceedings in the operative part of the arbitral award, despite having expressed in its reasoning the intention to...
The objection based on an arbitration agreement contained in a contract subsequently assigned pursuant to Articles 1406 et seq. of the Civil Code cannot be validly raised by the assignor...
A claim based on a contractual arbitration award (arbitrato irrituale) which precisely determines the amount due must be considered liquid for the purposes of identifying the forum destinatae solutionis pursuant...
In matters of challenge to an arbitral award, the contradiction relevant pursuant to Article 829, paragraph 1, No. 11 of the Code of Civil Procedure does not correspond to the...
The preventive technical assessment for conciliation purposes pursuant to Article 696-bis of the Code of Civil Procedure, not being of a precautionary nature and being independent of the assessment of...
The commencement of arbitration proceedings before the competent body constitutes an act capable of interrupting the limitation period of the right asserted, in the same way as the submission of...
An appeal for nullity of an arbitral award constitutes a review with limited grounds, admissible exclusively in the presence of specific grounds corresponding to defects referable to the errores in...
An objection based on the existence of an arbitration clause is procedural in nature and constitutes a question of non-mandatory jurisdiction, which may be raised of the court's own motion,...