An arbitration clause that grants only one party the power to decline arbitral jurisdiction and request that the case be decided by ordinary courts is not invalid, as it does...
Challenge of an arbitral award for violation of rules of law on the merits of the dispute is not admissible when arbitral proceedings were commenced based on an arbitration clause...
Compliance with formal requirements for presentation of applications for enforcement of foreign arbitral awards, prescribed by Article 839 of the Code of Civil Procedure and Article 4 of the New...
Procedural conduct incompatible with the will to apply an arbitration clause, such as failure to activate the arbitral tribunal for disputes falling within the scope of application of the arbitration...
An arbitration clause contained in a contract applies, absent express contrary intention, solely to disputes arising from that contract itself and which may arise between the contracting parties, excluding disputes...
A statutory arbitration clause, whilst valid and capable of conferring exclusive jurisdiction on arbitration in disputes between shareholders and the company to the exclusion of the ordinary judicial authority, cannot...
An action for restitution of undue payment under Article 2033 of the Civil Code has contractual nature, being founded on the non-existence of the obligation performed by one party, and...
Annulment of an arbitral award determines the cessation of conditions for set-off operated on the basis of the credit recognised therein, and subsequent cassation with remand of the annulment judgment...
Challenge of an award under Article 829 of the Code of Civil Procedure is admitted solely to assert errors in law (errores in iudicando) and procedural errors (errores in procedendo),...
A party who, despite having agreed to an arbitration clause, proceeds before the ordinary courts by joining a third party who is subject to the same arbitration clause, must bear...
An arbitration clause for formal arbitration included amongst general terms and conditions unilaterally drafted constitutes an unfair contract term and, as such, requires specific written approval pursuant to Article 1341(2)...
There is no possibility of converting a void arbitration clause from an intra-corporate arbitration clause to a common law arbitration clause, since Article 34 of Legislative Decree 5/2003 aims to...