The fees due to the sole arbitrator and the secretarial fees of the arbitral proceedings, where they have been accepted by both parties to the proceedings, are certain, liquidated and...
The existence of an arbitration clause precludes recourse to a preliminary technical consultation for the purpose of settling the dispute under Article 696-bis of the Code of Civil Procedure, given...
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...
An arbitration clause contained in the articles of association of a cooperative society, in the absence of an express provision to the contrary, operates exclusively in respect of intra-corporate disputes...
An arbitration clause contained in a contract extends to disputes arising out of subsequent contracts linked to the first where the latter expressly incorporate all the contractual terms of the...
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...