In proceedings for nullity of an arbitral award, compliance with the specificity requirement is sufficient, without the need for specific indication of the statutory provisions allegedly violated, provided that the...
The challenge to an arbitral award for breach of substantive law rules is admissible under Article 829, paragraph 3 of the Code of Civil Procedure only if such right is...
In matters of institutional arbitration, where an award is set aside by the Court of Cassation for breach of legal provisions, the Court of Appeal on remand is entitled to...
The arbitration clause contained in a consortium statute that confers jurisdiction to the arbitral tribunal for all disputes relating to the application, performance and interpretation of the consortium contract maintains...
A contractual clause providing for international arbitration for all disputes arising between the parties, even if only connected to the contract, determines lack of jurisdiction of the Italian court and...
In matters of arbitral proceedings, violation of the adversarial principle can only be established where there is an actual impairment of a party's opportunity to present arguments and counter-arguments, and...
The arbitration clause contained in condominium regulations which excludes from contractual arbitration (arbitrato irrituale) disputes concerning "primary rights arising from titles of acquisition" must be interpreted as referring to violations...
The arbitration clause contained in tender specifications unilaterally prepared by the public administration is not binding on the private contracting party unless it is expressly agreed and accepted, as it...
The objection based on arbitration agreement has a procedural character and constitutes a question of jurisdiction, in consideration of the jurisdictional nature of institutional arbitration and its function as a...
An arbitration clause contained in a contract maintains its effectiveness and extends arbitral jurisdiction to all disputes arising from the contractual relationship when the arbitral award has declared the claim...
The challenge to an arbitral award for violation of rules of law relating to the merits of the dispute, governed by Article 829 paragraph 3 of the Code of Civil...
A claim for declaration of nullity of an arbitration clause and the related arbitral award is extinguished by renunciation of the action, resulting in cessation of the subject matter of...