The ex officio finding of nullity of a shareholders' resolution by the arbitrator, made without prior notice to the parties and without allowing adversarial proceedings on the issue, results in...
There is no requirement for specific written approval pursuant to articles 1341 and 1342 of the Civil Code for an arbitration clause contained in a contract drafted to govern a...
The power to decline arbitral jurisdiction provided unilaterally in favour of the concessionaire alone in an arbitration clause drafted by the public administration does not conflict with constitutional principles, as...
The distinction between institutional arbitration and contractual arbitration (arbitrato irrituale) is based on the parties' intention, but for the purposes of identifying the means of challenge against the award, what...
An arbitration clause contained in a contract does not automatically extend to subsequent contractual relationships, even when connected to the first, where the latter have autonomous and independent existence, and...
An arbitration clause providing for recourse to a sole arbitrator with decision ex bono et aequo constitutes a valid arbitration agreement pursuant to article 808 of the Code of Civil...
An arbitral award, whilst not having binding effect on parties who did not participate in the arbitral proceedings, may have indirect evidential effect or serve as documentary evidence regarding the...
The abstention of an arbitrator for reasons of appropriateness constitutes one of the circumstances provided for by art. 811 of the Code of Civil Procedure and, in the absence of...
The appointment of the arbitral tribunal by the court president presupposes the existence of a statutory clause providing for recourse to arbitration and the subsistence of the relevant conditions for...
Contractual arbitration (arbitrato irrituale) is subject to the same jurisdictional limitations as institutional arbitration, so that the assertion of non-referability of the dispute to arbitrators due to reservation of jurisdiction...
In matters of contractual arbitration (arbitrato irrituale), the objection that the dispute cannot be referred to arbitrators for lack of jurisdiction constitutes a matter of merit which results in the...
The defendant's adherence to the objection of lack of jurisdiction due to an arbitration clause raised by the opposing party results in the application of Article 38, paragraph 2 of...