In contractual arbitration (arbitrato irrituale), the contractual content of the award is not limited to the determinations set out in the operative part of the decision, but also includes the...
The challenge for nullity of an arbitral award constitutes proceedings subject to restricted grounds of appeal, which may be brought exclusively within the limits established by Article 829 of the...
In contractual arbitration (arbitrato irrituale), the resolution of the dispute takes place on a purely contractual basis, as the parties entrust the arbitrators with the task of settling the dispute...
Contractual arbitration (arbitrato irrituale) has a contractual nature, in that the parties entrust the arbitrators with the task of settling the dispute by means of an ascertainment agreement, undertaking to...
The question concerning the existence or otherwise of an arbitration agreement between the parties constitutes a matter of jurisdiction and not of subject-matter jurisdiction, with the consequence that, on appeal,...
An arbitration clause which refers to an arbitral tribunal disputes relating to the contract, with express exclusion of those concerning rent and sums agreed between the parties, determines the jurisdiction...
An arbitration clause contained in the articles of association of a partnership, which submits to arbitrators disputes between partners relating to the interpretation and application of the articles of association,...
Where an arbitration clause refers disputes to international arbitration, the interim measures jurisdiction of the State court remains where the arbitration agreement does not expressly confer upon the arbitrators the...
Arbitration proceedings conducted between the client and the contractor do not produce effects interrupting the limitation period in relation to the works supervisor, even though the latter may be called...
With regard to institutional arbitration, for the purposes of establishing the defect of failure to rule pursuant to Article 829, paragraph 1, No. 12, of the Code of Civil Procedure,...
A judge called upon to ascertain the subject matter and limits of res judicata arising from an arbitral award cannot confine himself to considering the operative part alone, but must...
A letter of request originating from a foreign arbitral tribunal is capable of enforcement in the domestic legal system pursuant to Article 69 of Law No. 218/1995, provided that its...