There is no possibility of converting a void arbitration clause from an intra-corporate arbitration clause to a common law arbitration clause, since Article 34 of Legislative Decree 5/2003 aims to...
An arbitration clause inserted in a public contract is void when it has not been preceded by the required prior authorisation from the governing body of the administration, as provided...
The provision of Article 817(2), second paragraph, of the Code of Civil Procedure does not merely preclude ex officio detection of non-arbitrability when the dispute concerns non-waivable rights or where...
Challenge for violation of rules of law relating to the merits of the dispute is admitted only if expressly provided by the parties or by law according to Article 829(3)...
Challenge for violation of rules of law relating to the merits of the dispute is admitted only if expressly provided by the parties or by law according to Article 829(3)...
Disputes concerning the challenge of resolutions approving annual accounts for breach of rules ensuring their clarity and accuracy relate to non-waivable rights and therefore cannot be submitted to arbitral determination,...
Disputes concerning the challenge of resolutions approving annual accounts for breach of rules ensuring their clarity and accuracy relate to non-waivable rights and therefore cannot be submitted to arbitral determination,...
The adversarial principle in arbitral proceedings must be understood as requiring, even within freedom of arbitral procedural forms, guaranteeing parties equal rights and opportunities to be heard and to contradict....
Arbitration clauses granting only one party the right to decline arbitral jurisdiction cannot be deemed invalid, not conflicting with private autonomy exercise limits but rather expressing tendencies coherent with systems...
An arbitral award, insofar as it is deemed equivalent to a judicial judgment from the moment of the last signature by the arbitrators, pursuant to Article 824-bis of the Code...
Arbitration clauses contained in condominium regulations must be interpreted according to their specific content, distinguishing between disputes relating to daily condominium life and disputes concerning validity and effectiveness of regulatory...
Arbitrators may legitimately declare their own incompetence regarding certain claims while simultaneously deciding other claims on the merits, provided these involve legally distinct and autonomous rights, without this causing award...