The objection based on arbitration agreement has a procedural character and constitutes a question of jurisdiction, in consideration of the jurisdictional nature of institutional arbitration and its function as a...
An arbitration clause contained in the articles of association of a partnership which provides for the appointment of a sole arbitrator by the partners and, in case of disagreement, by...
The effectiveness and validity of an institutional arbitration award remain unaffected notwithstanding the subsequent assignment of the credit that is the subject of the award and any challenge thereof by...
In proceedings for the determination of the arbitrator's fee, state-funded legal aid granted to a party for a different judicial proceeding does not entail the imposition of payment of the...
The ex officio finding of nullity of a shareholders' resolution by the arbitrator, made without prior notice to the parties and without allowing adversarial proceedings on the issue, results in...
There is no requirement for specific written approval pursuant to articles 1341 and 1342 of the Civil Code for an arbitration clause contained in a contract drafted to govern a...
The power to decline arbitral jurisdiction provided unilaterally in favour of the concessionaire alone in an arbitration clause drafted by the public administration does not conflict with constitutional principles, as...
The distinction between institutional arbitration and contractual arbitration (arbitrato irrituale) is based on the parties' intention, but for the purposes of identifying the means of challenge against the award, what...
Contractual arbitration (arbitrato irrituale) is subject to the same jurisdictional limitations as institutional arbitration, so that the assertion of non-referability of the dispute to arbitrators due to reservation of jurisdiction...
In matters of contractual arbitration (arbitrato irrituale), the objection that the dispute cannot be referred to arbitrators for lack of jurisdiction constitutes a matter of merit which results in the...
The defendant's adherence to the objection of lack of jurisdiction due to an arbitration clause raised by the opposing party results in the application of Article 38, paragraph 2 of...
Disputes concerning the challenge of resolutions approving company accounts for lack of the requirements of truthfulness, clarity and precision are not susceptible to arbitration, since the rules aimed at guaranteeing...