An application for a pre-action conservatory attachment may be brought before the ordinary court, by way of interim relief, prior to the commencement of the arbitral proceedings provided for by...
In proceedings to set aside an arbitral award on grounds of nullity pursuant to Article 829 of the Code of Civil Procedure, the court hearing the challenge is not called...
The plea of inadmissibility of a claim brought by way of summary proceedings for payment on the ground of lack of jurisdiction of the court seized by reason of an...
The arbitration clause contained in general conditions of contract unilaterally drafted constitutes an unfair term within the meaning of Article 1341 of the Civil Code and, as such, is ineffective...
The review of the legality of the arbitral award pursuant to Article 829(1) n. 4 of the Code of Civil Procedure is not limited to verifying the formal correspondence between...
The arbitration clause that does not specify whether the arbitration is to be formal or contractual (arbitrato irrituale) is not void for indeterminacy, given that, in the absence of a...
The arbitration clause inserted in general conditions of contract unilaterally drafted by one contracting party for a plurality of relationships requires, in order to produce effects, specific written approval pursuant...
The plea of lack of jurisdiction in favour of arbitral jurisdiction, being a plea in the strict sense, is inadmissible if raised by a party who has entered an appearance...
The principle of autonomy of the arbitration clause from the contract to which it pertains, as set out in Article 808 of the Code of Civil Procedure, does not operate...
The challenge of an arbitral award for non-observance of rules of law pursuant to Article 829(3) of the Code of Civil Procedure is admissible within the same limits as the...
In proceedings challenging an arbitral award, where the proceedings have been stayed by reason of the insolvency of one of the parties and have not been resumed within the peremptory...
Proceedings to set aside an arbitral award may be extinguished by withdrawal of the claim, where the opposing party accepts the withdrawal, the general rules governing the extinction of proceedings...