Where the arbitration agreement or the articles of association confer upon the ordinary court jurisdiction to appoint the sole arbitrator, the court proceeds to make the appointment upon application by...
The ordinary court has jurisdiction to issue an order for payment notwithstanding the existence of an arbitration clause in the contract from which the credit claimed in the proceedings arises....
The distinguishing criterion between institutional arbitration and contractual arbitration (arbitrato irrituale) lies in the fact that in institutional arbitration the parties intend to obtain an award capable of being rendered...
A dispute concerning the challenge to the resolution approving the financial statements of a company on the ground of failure to satisfy the requirements of truth, clarity, and accuracy is...
The waiting period of one hundred and twenty days from service of the enforceable instrument, as provided for by Article 14(1) of Decree-Law No. 669 of 1996, converted into Law...
An arbitral award acquires definitive finality and becomes unimpeachable upon expiry of the time limit for bringing a challenge under Article 828 of the Code of Civil Procedure, even in...
The suspension of limitation provided for during the conduct of contractual arbitration (arbitrato irrituale) proceedings does not operate where such proceedings, being contractual and optional in nature, are not accepted...
Contractual arbitration (arbitrato irrituale) constitutes an instrument for the contractual resolution of disputes, based on entrusting third parties with the task of seeking an amicable, conciliatory and transactional settlement. The...
Where an arbitration clause provides for an exception to arbitral jurisdiction in respect of certain disputes, such exception must be construed restrictively, with the consequence that counterclaims or defences that...
The Italian ordinary courts have jurisdiction to execute international letters rogatory issued by foreign arbitral tribunals, in accordance with international conventions on judicial assistance in civil matters, for the purpose...
Where an arbitration clause refers to administered arbitration rules containing provisions on emergency arbitration, exclusive interim jurisdiction is conferred upon the arbitrators only where the parties have expressly manifested such...
For the purposes of recognising the validity of an arbitration clause capable of founding arbitral jurisdiction and excluding the jurisdiction of the ordinary courts, the arbitration agreement must result from...