An arbitration clause contained in an original agreement automatically extends to subsequent supplementary or amending acts where the latter, although not expressly reproducing the arbitration clause, contain a general reference...
The preclusion provided for in Article 817, paragraph 2, of the Code of Civil Procedure, which prevents a party from challenging the award on grounds of non-existence, invalidity or ineffectiveness...
An arbitration clause contained in the articles of association of a cooperative society, which refers to arbitrators disputes between the members and the company concerning available rights relating to the...
A contractual arbitration award (arbitrato irrituale), having a contractual and not jurisdictional nature, is not capable of becoming res judicata, with the consequence that questions relating to errors of calculation...
An arbitration clause contained in the articles of association, which refers to arbitration disputes between shareholders or between shareholders and the company concerning available rights relating to the corporate relationship,...
Where there are multiple connected claims, only some of which fall within the scope of an arbitration clause, the arbitral jurisdiction is absorbed and excluded by that of the ordinary...
An arbitration clause contained in a contract entered into between the client and a service provider, which refers to an arbitral tribunal disputes relating to the performance of that contract,...
In proceedings for the challenge of an arbitral award on grounds of nullity, the principle of the internal expansive effect of reversal applies, pursuant to Article 336, paragraph 1, of...
The regulation of arbitration clauses in articles of association laid down by Article 34, paragraph 6, of Legislative Decree No. 5/2003 – which provides for approval by a majority of...
The objection based on an arbitration clause contained in the construction contract, raised by the defendant who appeared late in the proceedings, is time-barred and must be dismissed, as it...
A dispute concerning the challenge of a resolution approving company accounts for failure to meet the requirements of truthfulness, clarity and precision cannot be referred to arbitration, since the rules...
The challenge to an arbitral award constitutes a means of appeal subject to limited grounds of review, by virtue of which the Court of Appeal is not called upon to...