The challenge of an arbitral award before the Court of Appeal is subject to the ordinary procedural rules of civil proceedings, so that the failure of the parties to appear...
An arbitration clause inserted in a contract concluded between a professional and a condominium is subject to the consumer protection rules set out in Legislative Decree No. 206/2005, given that...
The extension of the time limit for filing the arbitral award, pursuant to Article 820 of the Code of Civil Procedure, may be granted by the president of the competent...
The presence of an arbitration clause in the contract from which the claim arises does not preclude the creditor from requesting and obtaining from the ordinary court an injunction order...
The pendency of arbitration proceedings between some of the parties does not preclude the bringing of an application for pre-action interim relief before the ordinary court against persons who are...
An arbitration clause contained in a leasing contract, which reserves to the arbitral tribunal jurisdiction over disputes relating to that contract, does not automatically extend to suretyship guarantee relationships entered...
Decisions taken by banking and financial arbitration bodies concerning the reimbursement of insurance charges and unaccrued intermediation commissions following early repayment of financing do not affect the passive legitimacy of...
With regard to appeals, where an objection based on an arbitration agreement has been expressly rejected by the first instance court, the party who prevailed on the merits and wishes...
Interim relief proceedings under Article 700 of the Code of Civil Procedure cannot be used to obtain a decision which, by anticipating the determination entrusted to the arbitrators pursuant to...
An arbitration clause providing for an arbitral tribunal acting as "amiable compositeur", which "shall decide ex bono et aequo without procedural formalities", constitutes contractual arbitration (arbitrato irrituale), the objection to...
The objection to the jurisdiction of the ordinary court in favour of the arbitral tribunal, based on an arbitration clause contained in the articles of association of a company, must...
In proceedings for opposition to the recognition of a foreign arbitral award pursuant to Article 840 of the Code of Civil Procedure, defects relating to the constitution of the arbitral...