The failure to resume proceedings following a declaration of incompetence by the ordinary court in favour of the arbitrator, pursuant to Article 819-quater of the Code of Civil Procedure, determines...
The value of the dispute, relevant for purposes of liquidation of compensation due to arbitrators, is determined a priori on the basis of the petitum, without the ruling issued by...
The existence of an arbitration clause is not an obstacle to the request and consequent issue of an injunctive decree, subject to the respondent's faculty to raise the existence of...
Challenge of an award for nullity has the character of limited challenge, since it is admitted only to assert errores in iudicando and errores in procedendo within the confines laid...
The criterion for deferability to arbitral judgment of corporate disputes is given by the nature of the rights exercised, according to whether they are or are not available to the...
Being a clause bearing derogation from the general actionability of subjective right positions before ordinary jurisdiction, it is necessary that the arbitration clause be drafted in a precise and unambiguous...
For the grant of suspension of the executory effect of an arbitral award pursuant to Article 830, final paragraph, of the Code of Civil Procedure, the court hearing the challenge...
Article 838-ter of the Code of Civil Procedure, which attributes to arbitrators cautionary power in disputes devolved to arbitration concerning the validity of assembly deliberations, does not apply ratione materiae...
Pursuant to Article 808-quater of the Code of Civil Procedure, the arbitration agreement must be interpreted, in doubt, in the sense that the jurisdiction of arbitrators is extended to all...
The arbitration clause does not constitute an accessory of the contract in which it is inserted, but has its own individuality and autonomy clearly distinct from that of the contract...
Cross-appeal in proceedings for nullity of an arbitral award is subject to the same rules as cross-appeal in civil judgments, with the consequence that it must be brought in the...
The arbitration clause inserted in the articles of association alone of a cooperative company is not suitable to establish arbitral jurisdiction for disputes between the cooperative and subjects who have...