Where the articles of association of a consortium company with limited liability provide for an arbitration clause submitting to arbitrators disputes concerning the interpretation and execution of the articles of...
Article 810, paragraph 2, of the Code of Civil Procedure, which allows a party to apply to the President of the court for the appointment of an arbitrator in case...
An objection to jurisdiction based on an arbitration clause contained in a construction contract cannot be upheld when the procedural relationships involving the parties bound by the arbitration agreement are...
An arbitration clause contained in an agreement for the grant of management rights over a municipal sports facility, entered into between a territorial public body and a private party, cannot...
An arbitral award, by virtue of the equivalence of its effects to those of a judgment pronounced by a judicial authority pursuant to Article 824-bis of the Code of Civil...
In non-contentious proceedings concerning the appointment of an arbitrator pursuant to Article 810 of the Code of Civil Procedure, withdrawal of the application cannot give rise to an order on...
A statutory clause requiring the parties to "undertake" to resort to conciliation before commencing any judicial or arbitral proceedings constitutes a legally binding obligation and not a mere option, given...
In contractual arbitration (arbitrato irrituale), the contractual content of the award is not limited to the determinations set out in the operative part of the decision, but also includes the...
The challenge for nullity of an arbitral award constitutes proceedings subject to restricted grounds of appeal, which may be brought exclusively within the limits established by Article 829 of the...
In contractual arbitration (arbitrato irrituale), the resolution of the dispute takes place on a purely contractual basis, as the parties entrust the arbitrators with the task of settling the dispute...
Contractual arbitration (arbitrato irrituale) has a contractual nature, in that the parties entrust the arbitrators with the task of settling the dispute by means of an ascertainment agreement, undertaking to...
The question concerning the existence or otherwise of an arbitration agreement between the parties constitutes a matter of jurisdiction and not of subject-matter jurisdiction, with the consequence that, on appeal,...