The appointment of the arbitral tribunal by the court president presupposes the existence of a statutory clause providing for recourse to arbitration and the subsistence of the relevant conditions for...
Contractual arbitration (arbitrato irrituale) is subject to the same jurisdictional limitations as institutional arbitration, so that the assertion of non-referability of the dispute to arbitrators due to reservation of jurisdiction...
In matters of contractual arbitration (arbitrato irrituale), the objection that the dispute cannot be referred to arbitrators for lack of jurisdiction constitutes a matter of merit which results in the...
The defendant's adherence to the objection of lack of jurisdiction due to an arbitration clause raised by the opposing party results in the application of Article 38, paragraph 2 of...
Disputes concerning the challenge of resolutions approving company accounts for lack of the requirements of truthfulness, clarity and precision are not susceptible to arbitration, since the rules aimed at guaranteeing...
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...
An arbitration clause providing for recourse to a sole arbitrator with decision ex bono et aequo constitutes a valid arbitration agreement pursuant to article 808 of the Code of Civil...
An arbitral award, whilst not having binding effect on parties who did not participate in the arbitral proceedings, may have indirect evidential effect or serve as documentary evidence regarding the...
A contractual arbitration (arbitrato irrituale) award produces res judicata effect limited to the thema decidendum established in the arbitration agreement, not automatically extending to all relationships between the parties where...
The objection of lack of jurisdiction of the court based on the existence of an arbitration clause may be qualified ex officio by the judge as an objection of inadmissibility...
The appointment of the arbitrator by the court, when requested for technical reasons that have delayed knowledge of the original designation, constitutes a measure deserving acceptance where the procedural requirements...
Territorial jurisdiction for the appointment of the arbitral tribunal by the President of the Court is determined by the place where the company has its registered office, when the statutory...