An arbitration clause may be tacitly waived by the parties through the adoption of procedural conduct converging towards the exclusion of arbitral jurisdiction, such as the commencement of proceedings before...
The liquidation of costs and fees carried out directly by the arbitrators pursuant to art. 814 para. 2 of the Code of Civil Procedure, when accepted by the parties, constitutes...
The lack of subject matter jurisdiction of the ordinary judge exists when the parties have referred the dispute to institutional arbitrators through an arbitration clause, such issue being configured as...
An arbitration clause that limits arbitral jurisdiction to disputes relating to the interpretation and performance of the articles of association does not extend to actions for restitution of financing provided...
The ordinary judge, although competent to issue a payment order notwithstanding the existence of an arbitration clause in the contract from which the credit relationship originates, loses jurisdiction when in...
The declaration of nullity of the lease contract pronounced by arbitral award not declared enforceable produces constitutive effects in the relations between the parties to the arbitration agreement regardless of...
A general acceptance clause of contractual provisions ("all provisions contained in the preceding articles have been defined and accepted by the parties in adversarial proceedings") is equivalent to the specific...
The arbitral award duly rendered by the arbitrator is susceptible to a declaration of enforceability by the competent court, following verification of the formal regularity of the instrument, pursuant to...
The objection based on an arbitration agreement constitutes a strict exception not raisable ex officio, subject to procedural preclusion where not raised within the time limits prescribed by the applicable...
The right of information and control of a non-managing member of a limited liability company, governed by Article 2476, paragraph 2 of the Civil Code, may be lawfully exercised even...
An agreement for contractual arbitration (arbitrato irrituale) renders a claim inadmissible where the opposing party properly raises the relevant objection, unlike institutional arbitration which determines the incompetence of the ordinary...
In proceedings for the challenge of an arbitral award, the rules on discontinuance of proceedings provided for first instance proceedings before the court apply, so that the proceedings are discontinued...