The new provision of article 829 of the Code of Civil Procedure, introduced by Legislative Decree No. 40 of 2006, applies to all arbitral proceedings commenced after the entry into...
Contractual arbitration (arbitrato irrituale) is incompatible with the public character of a contracting party, inasmuch as it entails the delegation to third parties of the formation of the contractual will...
Following the judgment of the Constitutional Court No. 223/2013, which declared the constitutional illegitimacy of Article 819-ter, paragraph 2, of the Code of Civil Procedure insofar as it excluded the...
The waiver of an appeal against an arbitral award (lodo) stands in perfect parallelism with the waiver of a claim in first instance proceedings and differs from the waiver of...
The challenge for annulment of an arbitral award constitutes a remedy of limited scope, in the sense that an award may be challenged exclusively on the grounds expressly provided for...
An institutional arbitration award possesses the nature of a judicial determination and constitutes a contractual derogation from the jurisdiction of the ordinary judge, producing from the date of its final...
An arbitration clause providing for the reference of a dispute to a foreign arbitrator is void when the case concerns non-waivable rights, which include the rights of a commercial agent...
An arbitration clause (clausola compromissoria) contained in a preliminary contract for the sale of immovable property survives its non-reproduction in the final contract, being an autonomous agreement having effects in...
The validity of an arbitration clause is subject to the specific written approval required by Article 1341 of the Civil Code solely when it is incorporated into contracts containing general...
An objection to jurisdiction based on the presence of an arbitration clause is preliminary in nature and, if upheld, results in a declaration that the ordinary court lacks jurisdiction in...
In matters concerning the recognition of foreign arbitral awards, the assessment of incompatibility with public policy must be interpreted restrictively, being limited to the fundamental and mandatory norms of the...
An application for revocation of Court of Cassation judgments ordering remittal is admissible where the alleged revocatory error concerns a procedural defect arising from an error of fact, where the...