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...
A contractual arbitration award (arbitrato irrituale), having a contractual nature insofar as it derives from the will of the parties as expressed through the conferral of a mandate to the...
Contractual arbitration (arbitrato irrituale) constitutes an instrument for the contractual resolution of disputes which have arisen or may arise between the parties in relation to certain legal relationships, based on...
An arbitration clause contained in a contract which does not expressly confer binding effect on arbitration, allowing the parties to bring proceedings directly before the judicial authority, does not preclude...
The objection to the jurisdiction of the ordinary court in favour of arbitrators, pursuant to Article 819-ter of the Code of Civil Procedure, constitutes a proper objection, not raisable of...
An arbitral award constitutes an appropriate enforceable title to found the creditor's enforcement action even in the context of subsequent settlement agreements between the parties, where such agreements expressly provide...
An arbitration clause contained in the articles of association of a consortium, which submits disputes relating to consortium relationships to arbitrators, cannot be invoked against a third party who is...
An arbitration clause contained in a particular contract does not extend its effects to disputes relating to another contract, even if connected with the first, pursuant to Article 808-quater of...
In contracts unilaterally drafted by the professional, the arbitration clause which derogates from the jurisdiction of the judicial authority in favour of an arbitral tribunal constitutes an unfair term within...
The waiver of the arbitration clause contained in the construction contract, with consequent submission of the dispute to the ordinary jurisdiction, may validly occur by agreement between the parties, including...
In granting exequatur pursuant to Article 825 of the Code of Civil Procedure, the court's review is limited to verifying the formal regularity of the award, concerning on the one...
An arbitral award, whilst constituting an enforceable title, does not represent the source of the withdrawing member's right to payment for the liquidation of their membership interest, such source being...