An arbitration clause which makes the effectiveness of the submission of the dispute to arbitrators conditional upon a prior and specific agreement between the parties, providing for the jurisdiction of...
The bringing of a judicial claim seeking the annulment of a contract containing an arbitration clause constitutes conclusive conduct incompatible with the intention to avail oneself of arbitral jurisdiction, with...
A challenge to a contractual arbitration award (arbitrato irrituale) must be brought by way of ordinary proceedings and may relate exclusively to defects in the manifestation of contractual consent, such...
The declaration of nullity of a contract pronounced by arbitral award gives rise to the right to compensation for unjust enrichment pursuant to Article 2041 of the Civil Code in...
In proceedings for the recognition and enforcement of a foreign arbitral award pursuant to the 1958 New York Convention, the validity of the arbitration agreement must be assessed according to...
An arbitration clause contained in an original agreement automatically extends to subsequent supplementary or amending acts where the latter, although not expressly reproducing the arbitration clause, contain a general reference...
The preclusion provided for in Article 817, paragraph 2, of the Code of Civil Procedure, which prevents a party from challenging the award on grounds of non-existence, invalidity or ineffectiveness...
The presence of an arbitration clause in the contract which is the subject matter of the dispute constitutes a procedural issue concerning the jurisdiction of the ordinary court which, in...
An arbitration clause contained in the articles of association of a cooperative society, which refers to arbitrators disputes between the members and the company concerning available rights relating to the...
A contractual arbitration award (arbitrato irrituale), having a contractual and not jurisdictional nature, is not capable of becoming res judicata, with the consequence that questions relating to errors of calculation...
An arbitration clause contained in the articles of association, which refers to arbitration disputes between shareholders or between shareholders and the company concerning available rights relating to the corporate relationship,...
Where there are multiple connected claims, only some of which fall within the scope of an arbitration clause, the arbitral jurisdiction is absorbed and excluded by that of the ordinary...