In contractual arbitration (arbitrato irrituale), the resolution of the dispute takes place by purely contractual means, inasmuch as the parties entrust to the arbitrators the task of arriving at such...
Unlike arbitration, which is of a jurisdictional nature and substitutes for the function of the ordinary judge, the submission of a dispute to contractual arbitrators (arbitrato irrituale) is configured as...
When, during the proceedings for challenging an arbitration award, the judicial liquidation of the challenging party is opened, it falls to the appointed curator to continue the same proceedings, and...
Article 813-ter of the Code of Civil Procedure governs the action for liability against arbitrators following annulment of the award for facts imputable to them, but does not affect, either...
The inclusion of an arbitration clause in public contracts relating to works, services, supplies, design competitions and competitions of ideas, without prior reasoned authorisation from the governing body of the...
An arbitration clause contained in condominium regulations which establishes arbitral jurisdiction for disputes concerning the building or the regulations must be interpreted, in the absence of contrary intention, as encompassing...
The applicability of Article 1341 of the Civil Code to arbitration clauses postulates the existence of general contract conditions, which imply unilateral elaboration of the contractual scheme by the predisposer...
Inadmissible is the cautionary application during proceedings for suspension of corporate deliberation proposed within merit proceedings instituted before the State Judge when the merit dispute is pacifically devolved to arbitral...
The ordinary judge is always competent to issue an injunctive decree notwithstanding the existence of arbitration clause provided in the contract from which the credit relationship deduced in judgment originates,...
The right to receive payment of fees arises for arbitrators by the sole fact of having effectively performed the task conferred upon them, irrespective of the validity or otherwise of...
Arbitral clauses contained in condominium regulations find application limited to disputes connected with interpretation and application of the regulations themselves, not extending to questions regarding challenge of assembly deliberations which...
The failure to resume proceedings following a declaration of incompetence by the ordinary court in favour of the arbitrator, pursuant to Article 819-quater of the Code of Civil Procedure, determines...