The contractual expert determination provided for in insurance policies, aimed at quantifying damage through the intervention of experts appointed by the parties, is to be distinguished from contractual arbitration (arbitrato...
An arbitration clause contained in a condominium regulation of a contractual nature, which refers to arbitration disputes between owners or between owners and the administrator relating to the interpretation and...
An arbitration clause providing for institutional arbitration contained in a business branch lease agreement does not preclude recourse to eviction validation proceedings for non-payment of rent, given that disputes reserved...
The presence of an arbitration clause for institutional arbitration in the contract at issue does not preclude the creditor from obtaining an order for payment from the ordinary court for...
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 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...