An arbitration clause may be tacitly waived by the parties through the adoption of procedural conduct converging towards the exclusion of arbitral jurisdiction, such as the commencement of proceedings before...
The liquidation of costs and fees carried out directly by the arbitrators pursuant to art. 814 para. 2 of the Code of Civil Procedure, when accepted by the parties, constitutes...
The declaration of nullity of the lease contract pronounced by arbitral award not declared enforceable produces constitutive effects in the relations between the parties to the arbitration agreement regardless of...
A general acceptance clause of contractual provisions ("all provisions contained in the preceding articles have been defined and accepted by the parties in adversarial proceedings") is equivalent to the specific...
The arbitral award duly rendered by the arbitrator is susceptible to a declaration of enforceability by the competent court, following verification of the formal regularity of the instrument, pursuant to...
The objection based on an arbitration agreement constitutes a strict exception not raisable ex officio, subject to procedural preclusion where not raised within the time limits prescribed by the applicable...
The right of information and control of a non-managing member of a limited liability company, governed by Article 2476, paragraph 2 of the Civil Code, may be lawfully exercised even...
An agreement for contractual arbitration (arbitrato irrituale) renders a claim inadmissible where the opposing party properly raises the relevant objection, unlike institutional arbitration which determines the incompetence of the ordinary...
In proceedings for the challenge of an arbitral award, the rules on discontinuance of proceedings provided for first instance proceedings before the court apply, so that the proceedings are discontinued...
The mere participation of a person in arbitration proceedings on behalf of an insurance company is not sufficient to demonstrate the existence of general representative powers in relations with third...
The existence of an arbitration clause does not exclude the ordinary court's jurisdiction to issue a payment order, given that the arbitral procedure does not contemplate the issuing of ex...
The provision set forth in article 2945 of the Civil Code concerning the interruption of limitation periods applies also to arbitral proceedings, with the consequence that the filing of an...