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...
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...
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...
Challenge of an arbitral award for violation of rules of law on the merits of the dispute is not admissible when arbitral proceedings were commenced based on an arbitration clause...
Compliance with formal requirements for presentation of applications for enforcement of foreign arbitral awards, prescribed by Article 839 of the Code of Civil Procedure and Article 4 of the New...
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...