The cumulative raising of the plea of an institutional arbitration clause and of territorial incompetence, with a specific ordering of their examination, binds the court on the merits to follow...
An arbitration clause contained in a contract is not enforceable against a legal entity which is distinct from the contracting party, in the absence of identity between the parties to...
A contractual arbitration award (lodo irrituale) has a contractual nature and constitutes an expression of the contractual will of the parties who, by means of an arbitration clause, accepted in...
An arbitration clause contained in a private written agreement between the parties produces no procedural effects where it is not raised by way of plea in the ordinary proceedings by...
In consumer contracts, an arbitration clause, in order not to be deemed unfair pursuant to Article 33(t) of Legislative Decree No. 206/2005, must be the result of a specific negotiation...
An arbitral award rendered in favour of one of the joint and several debtors may be relied upon against the creditor pursuant to Article 1306 of the Civil Code, unless...
A statutory arbitration clause that refers to arbitrators disputes between the company and its members concerning available rights, containing a general reference to institutional arbitration under Legislative Decree No. 5/2003,...
The rules on procedural agreement under Article 38(2) of the Code of Civil Procedure are inapplicable in relation to the plea of an arbitration agreement, that provision referring exclusively to...
An arbitral award is not affected by nullity on the ground of inconsistency pursuant to Article 829 of the Code of Civil Procedure where the arbitrators separately assess different complaints...
The replacement of the appointed arbitrator is ordered by the president of the court on the application of a party, pursuant to Article 811 of the Code of Civil Procedure.
Following the reform of the law of arbitration effected by Legislative Decree No. 40 of 2 March 2006, the question of the attribution of the potestas iudicandi to the arbitrators,...
In enforcement proceedings based on an arbitral award, the notice to comply (precetto) must be served on the person who holds the status of debtor under the enforceable title, so...