The special curator appointed pursuant to art. 78 of the Code of Civil Procedure remains in office until the contingent situation that rendered the appointment necessary ceases to exist, with...
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...
An arbitration clause contained in the articles of association of a partnership which provides for the appointment of a sole arbitrator by the partners and, in case of disagreement, by...
The effectiveness and validity of an institutional arbitration award remain unaffected notwithstanding the subsequent assignment of the credit that is the subject of the award and any challenge thereof by...
In proceedings for the determination of the arbitrator's fee, state-funded legal aid granted to a party for a different judicial proceeding does not entail the imposition of payment of the...
The ex officio finding of nullity of a shareholders' resolution by the arbitrator, made without prior notice to the parties and without allowing adversarial proceedings on the issue, results in...
There is no requirement for specific written approval pursuant to articles 1341 and 1342 of the Civil Code for an arbitration clause contained in a contract drafted to govern a...
The power to decline arbitral jurisdiction provided unilaterally in favour of the concessionaire alone in an arbitration clause drafted by the public administration does not conflict with constitutional principles, as...
The distinction between institutional arbitration and contractual arbitration (arbitrato irrituale) is based on the parties' intention, but for the purposes of identifying the means of challenge against the award, what...
An arbitration clause contained in a contract does not automatically extend to subsequent contractual relationships, even when connected to the first, where the latter have autonomous and independent existence, and...