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...
A contractual arbitration clause (arbitrato irrituale) contained in a contract operates also in respect of claims formally characterised as founded on extra-contractual tort, where the resolution of the dispute necessarily...
An arbitration clause contained in a specific contract does not extend the derogation from the jurisdiction of the ordinary courts and the reference to arbitrators to disputes relating to other...
The registration tax due for the decree granting enforceability to an arbitral award constitutes the subject matter of a joint and several obligation borne by all parties to the arbitral...
An arbitration clause, in the absence of express contrary intention, must be interpreted as conferring arbitral jurisdiction over all disputes relating to claims having their causa petendi (legal basis) in...
In arbitration proceedings, joint and several liability established in the award for payment of the court-appointed technical expert's fees enables the professional to proceed by way of decreto ingiuntivo (summary...
The challenge to an arbitral award for nullity pursuant to Article 829 of the Code of Civil Procedure has the character of a limited challenge, permitted only for specific procedural...
A statutory arbitration clause which refers to arbitration "any dispute between shareholders or between shareholders and the company" arising from "corporate affairs and the interpretation or performance of this articles...
Third-party opposition pursuant to Article 404, paragraph 1, of the Code of Civil Procedure, as referred to by Article 831, paragraph 3, of the Code of Civil Procedure in arbitral...
The challenge for nullity of an arbitral award pursuant to Article 829 of the Code of Civil Procedure has the character of a limited challenge, admitted exclusively for specific procedural...
The nullity of an arbitral award for internal contradiction pursuant to Article 829, n. 11, Code of Civil Procedure applies exclusively when the contradiction emerges between different components of the...
The validity of an arbitration clause for international arbitration must be verified by the court seised as a preliminary matter on the basis of the New York Convention of 1958,...