An arbitration clause contained in the articles of association, which provides for the referral to arbitrators of disputes connected to the corporate contract, extends to disputes concerning a member's withdrawal...
The duty of arbitrators to invite adversarial debate on issues raised of their own motion, as provided for in Article 101, paragraph 2, of the Code of Civil Procedure, relates...
The annulment of a contractual arbitration (arbitrato irrituale) award for excess of jurisdiction beyond the limits of the arbitration clause, pursuant to Article 808-ter, paragraph 2, n. 1, of the...
In cases of disputes concerning the fees of arbitrators who have proceeded to self-assessment, there is no requirement for necessary joinder between the different members of the arbitral tribunal, since...
The right of arbitrators to compensation subsists even in cases where the arbitral award is declared null and void, and may only be excluded in circumstances where the award is...
An arbitration clause providing for institutional arbitration, by conferring upon the arbitrator a mandate to exercise a function of a jurisdictional nature, gives rise to a lack of jurisdiction of...
The cessation of the matter in dispute (*cessazione della materia del contendere*) in proceedings for the determination of arbitrators' fees presupposes that all parties mutually acknowledge the supervening change in...
An arbitral award is null and void when it has been rendered in violation of mandatory rules governing the validity of acts of public administration, such nullity resulting in the...
Each arbitrator has standing to apply to the President of the Court for the assessment of their own fees pursuant to Article 814, paragraph 2, of the Code of Civil...
A clause providing for the non-appealability of a contractual arbitration award (arbitrato irrituale) does not preclude challenge on grounds of defects that may affect contractual intention, including breach of an...
The challenge of an arbitral award for violation of rules of law pursuant to Article 829 of the Code of Civil Procedure is not permitted in respect of matters concerning...
The revival of an arbitral award, consequent upon the quashing of the judgment which had declared its nullity, entails the complete restoration of all effects of the arbitral title, including...