The appointment of the arbitral tribunal by the president of the court may be conferred upon the same tribunal previously appointed when the case is connected with another ongoing arbitral...
An arbitration clause contained in a contract and signed by both parties is valid and effective in the absence of express disavowal of the entire agreement, not requiring the double...
The inadmissibility of a judicial claim based on the provision of an arbitration clause for contractual arbitration (arbitrato irrituale) cannot be raised ex officio by the court, but must be...
Where there is a statutory arbitration clause that refers disputes between shareholders and the company to arbitrators, the court hearing an opposition to a payment order must declare its lack...
The effectiveness of an arbitral award is not lost merely because an appeal is pending before the Court of Appeal, thereby establishing lis pendens with respect to identical claims brought...
An arbitration clause, in the absence of express contrary intention, must be interpreted as attributing to arbitral jurisdiction all disputes relating to claims having their causa petendi in the contractual...
The enforceability of an arbitral award made enforceable by court decree remains effective even when an appeal is pending against the award itself, unless the Court of Appeal expressly suspends...
In proceedings brought by a bankruptcy trustee for the recovery of a debt owed to the bankrupt estate, the defendant may raise by way of set-off the existence of their...
The appointment of the arbitrator by the President of the Court, pursuant to article 810 of the Code of Civil Procedure, constitutes an administrative measure aimed at ensuring the constitution...
An arbitration clause which refers to an arbitral tribunal the resolution of disputes relating to the validity, interpretation, performance, termination and discharge of the contract, including the consequences of termination,...
The waiver of the arbitration clause objection may be validly formalized during the course of the proceedings on the merits by filing a brief pursuant to article 171 ter No....
An arbitration clause providing that the resolution of disputes "may" be referred to arbitration is not merely optional in nature, but binds the parties to the arbitral procedure, since the...