Summary proceedings under Article 665 of the Code of Civil Procedure, by reason of their nature, do not fall within the ambit of claims submitted to arbitral tribunals and remain...
The presence of an arbitration clause does not prevent the issue of a payment order by ordinary courts, given that arbitral procedure does not contemplate the issue of summary payment...
The bringing of a claim in summary payment proceedings does not constitute definitive waiver of the arbitration clause for other disputes, the waiver remaining limited to the specific dispute which...
The presence of an arbitration clause does not prevent the issue of a payment order by ordinary courts, whilst preserving the respondent's right to raise arbitral jurisdiction in opposition proceedings,...
Declaration of lack of jurisdiction by ordinary courts for the presence of a valid arbitration clause may be challenged only by jurisdictional regulation, rendering inadmissible any appeal against such pronouncement....
An arbitration clause providing for informal arbitration is valid and effective without need for specific written approval under Article 1341(2) of the Civil Code, both because such provision applies exclusively...
The validity of an arbitration clause must be evaluated autonomously from the contract to which it refers, according to Article 808 of the Code of Civil Procedure, and the power...
Incorporation by reference (rinvio per relationem) of an arbitration clause contained in another contract is valid when it is express and specific, making reference to the contract of origin, the...
In arbitration clauses that refer all disputes to arbitral jurisdiction with express reservation to ordinary jurisdiction of those relating to breach of contractual obligations, disputes concerning reduction of consideration aimed...
An arbitration clause providing for informal arbitration does not require specific written approval pursuant to Articles 1341 and 1342 of the Civil Code, unlike a clause establishing formal arbitration. The...
The existence of an arbitration clause does not exclude the jurisdiction of ordinary courts to issue a payment order (decreto ingiuntivo - a summary procedure for undisputed debts), given that...
The presence of an arbitration clause does not prevent requesting and obtaining from the ordinary court a payment order for debts arising from the contract, whilst preserving the respondent's right...