An arbitration clause contained in general conditions of contract is not subject to the regime of Article 1341, paragraph 2, of the Civil Code when the contract is not qualifiable...
Challenge of an arbitration award does not constitute a common appeal against the decision taken by the arbitrators, being limited to ascertainment of the causes of nullity provided for by...
The interpretation of an arbitration clause must be conducted according to the criteria of good faith and the common intention of the parties pursuant to Article 1362 of the Civil...
The inadmissibility of a claim due to the provision of an arbitration clause for contractual arbitration (arbitrato irrituale) is ascertainable only upon objection by the interested party and not ex...
When the parties confer the power of appointment of arbitrators upon the Judicial Authority through contractual clause, the latter is invested with such power not directly by law but by...
The attributive effect of cognizance to arbitrators, proper to the compromissory agreement or the arbitration clause, is paralysed by the prevailing effect, produced by bankruptcy or the opening of extraordinary...
In the absence of proof that the contract containing the arbitration clause was subscribed by the person against whom it is intended to invoke that clause, in the face of...
The ordinary judicial authority lacks jurisdiction when the dispute falls within the scope of application of arbitration clauses contained in the articles of association of an entity, with consequent inadmissibility...
An objection relating to a contractual arbitration clause (arbitrato irrituale) pertains to the merits, inasmuch as the arbitral pronouncement is of a contractual and not jurisdictional nature, and the arbitration...
An arbitration clause presents a dual limitation: one on the subjective plane, concerning only disputes arisen between the subscribing parties specifically indicated, and the other on the objective plane, relating...
In the event of the succession of extraordinary administration proceedings in a contract containing an arbitration clause, that clause remains effective in the relationships between the parties, it not being...
Jurisdiction for the appointment of a special guardian pursuant to Articles 78 et seq. of the Code of Civil Procedure belongs to the ordinary court even when arbitral proceedings are...