An arbitration clause which devolves to arbitrators disputes connected with the corporate contract must be deemed extended also to the dispute concerning the withdrawal of a shareholder from the company...
Where the company and the directors have submitted to arbitration every dispute relating to the liability of the latter, the derogation from ordinary jurisdiction and any arbitral award are opposable...
A corporate action for liability exercised by the bankruptcy liquidator pursuant to Article 146 of the Bankruptcy Law, being pursued for the protection of the corporate patrimony and drawing its...
The subsistence of a conflict of interests between the director of a company and the company itself, determined by the circumstance that the director is defendant in arbitral proceedings brought...
The inadequate identification, in the arbitration agreement, of the arbitral institution to which is entrusted the nomination of the arbitrators, as well as the identification of a non-existent arbitral institution,...
The presence of an arbitration clause does not prevent requesting and obtaining from the ordinary court an injunctive decree for the credit arising from the contract, the right remaining to...
In the presence of an arbitration clause for foreign arbitration, the objection based on the arbitration agreement, given the jurisdictional and substitutive nature of the function of the ordinary court...
An objection based on an arbitration agreement relating to a clause for regular arbitration pertains to jurisdiction, since the activity of regular arbitrators must be recognised as having jurisdictional nature...
An arbitration clause in companies must provide for the number and manner of nomination of the arbitrators, conferring in any event, under penalty of nullity pursuant to Article 838-bis of...
The devolution of a dispute to contractual arbitrators (arbitri irrituali) is configured as a renunciation of the jurisdiction of the State through the choice of a resolution of the dispute...
An arbitration clause contained in general conditions of contract is not subject to the regime of Article 1341, paragraph 2, of the Civil Code when the contract is not qualifiable...
Challenge of an arbitration award does not constitute a common appeal against the decision taken by the arbitrators, being limited to ascertainment of the causes of nullity provided for by...