The recognition and declaration of enforceability of a foreign arbitral award in Italy, pursuant to Article 839 of the Code of Civil Procedure, fall within the functional jurisdiction of the...
The provision of a limitation period for bringing judicial or arbitral proceedings, the commencement of which is linked to statutory provisions that have since been repealed, renders the limitation period...
An arbitration clause contained in the constitutional deed of a partnership, which refers disputes relating to the company to an arbitral tribunal, does not confer upon the arbitrators jurisdiction to...
With regard to the challenge of an arbitral award, in order to identify the applicable regime for challenge, reference must be made to the time when the arbitration clause was...
An arbitration clause contained in the articles of association which refers to arbitrators all disputes arising from the corporate relationship, including those relating to the application of the provisions of...
The conclusion of an arbitration agreement between the parties, which binds the resolution of claims brought by way of summary proceedings to arbitral jurisdiction, renders inadmissible any application filed before...
In matters of public contracts, once the eight-month term for execution of testing by the public administration has expired, pursuant to art. 5 of law n. 741 of 1981, the...
The arbitration clause contained in the original construction contract extends its effectiveness also to disputes relating to extra-contractual works or variations performed by the contractor, insofar as they are attributable...
A contractual arbitration award (arbitrato irrituale), being contractual in nature, may be challenged exclusively on grounds of defects that may vitiate any contractual manifestation of will, such as incapacity of...
Contractual arbitration (arbitrato irrituale) arises where the parties confer upon the arbitral tribunal a binding decision-making function, encompassing the assessment of both the quantum and the an debeatur, as may...
An arbitration clause contained in a company's articles of association is void, pursuant to Article 34 of Legislative Decree No. 5/2003 (a provision which was incorporated into Article 838-bis, paragraph...
The lack of jurisdiction of the state court in favour of international arbitration constitutes a distinct and autonomous issue from the objection based on an arbitration agreement, which must be...