With regard to an arbitration clause contained in the articles of association of a cooperative company, the provision for the referral to arbitrators of disputes between members and the company...
The distinguishing criterion between institutional arbitration and contractual arbitration (arbitrato irrituale) lies in the intention of the parties: in institutional arbitration, the parties intend to obtain an award capable of...
A contractual arbitration clause (arbitrato irrituale), providing for the contractual resolution of the dispute through a mandate conferred upon the arbitrator, entails the inadmissibility of judicial proceedings before the ordinary...
The request for arbitration, pursuant to Article 816-bis of the Code of Civil Procedure, produces the substantive effects of a judicial claim and constitutes a valid act of commencing proceedings...
Contractual arbitration (arbitrato irrituale) is contractual in nature and constitutes an expression of the parties' contractual autonomy, whereby the parties confer upon the arbitrators a joint mandate for the settlement...
In proceedings for setting aside an arbitral award, a party's acceptance of the jurisdiction of the arbitral tribunal in a composition different from that originally agreed, manifested through consent to...
Proceedings for the challenge of an arbitral award for nullity pursuant to Article 829 of the Code of Civil Procedure do not constitute appellate proceedings, but rather proceedings subject to...
The objection of arbitration, based on the arbitration clause, constitutes a procedural objection in the strict sense and not a question of jurisdiction which may be raised by the court...
An arbitration clause contained in the articles of association of a consortium, amended after a member's withdrawal, is not applicable to disputes arising with that member, the applicable version being...
Regarding an arbitration clause contained in the articles of association of a company or association, the provision devolving to arbitrators disputes connected to the corporate or associative contract also includes...
The commencement of arbitral proceedings subsequent to the filing of an application for interim relief ante causam does not confer retrospectively the requirement of instrumentality to the proceedings on the...
The challenge for nullity of an arbitral award constitutes proceedings subject to limited review, admissible exclusively in the presence of specific grounds corresponding to defects attributable to the errores in...