The arbitration clause must necessarily be the result of a specific agreement between the parties, who must manifest their intention to derogate from ordinary jurisdiction, and cannot be adopted unilaterally...
The statutory arbitration clause providing for arbitral jurisdiction over disputes between shareholders or between shareholders and the company does not apply to relationships between the company and third parties who...
An arbitral award that has been set aside, whilst lacking binding effect, may be used by the court as mere probative documentation from which to derive factual elements useful to...
The waiver of the arbitration clause contained in the contract results in the lapse of arbitral jurisdiction and the restoration of the ordinary court's jurisdiction over all disputes arising from...
The qualification of an arbitration as institutional or contractual (arbitrato irrituale) cannot be based exclusively on the designation attributed by the parties, as the judge must infer the actual intention...
The arbitration clause relating to disputes concerning the interpretation, performance and termination of a contract includes within its scope of application the claim for damages for contractual breach, insofar as...
The interpretation of an arbitration clause must be conducted with reference to the literal text, the common intention of the parties and their overall conduct, without the failure to refer...
The challenge of a contractual arbitration award (arbitrato irrituale) for essential error is admissible when the formation of the arbitrators' will has been deviated by an altered perception or false...
An arbitration clause that expressly provides for judgment according to equity in the form of contractual arbitration (arbitrato irrituale), without observance of the rules and time limits established by law...
A contractual arbitration award (arbitrato irrituale), whilst not being subject to the rules on challenge of institutional arbitration awards, produces final effects in determining the parties' intentions when it concerns...
In matters of arbitration, the contradiction referred to in art. 829, para. 1, no. 11, Code of Civil Procedure, for the purpose of allowing challenge for nullity of the award,...
Regarding nullity of arbitral awards for violation of rules on the appointment of arbitrators, the objection may be raised pursuant to Article 829, paragraph 2, of the Code of Civil...