An arbitral award, by virtue of the equivalence of its effects to those of a judgment pronounced by a judicial authority pursuant to Article 824-bis of the Code of Civil...
In non-contentious proceedings concerning the appointment of an arbitrator pursuant to Article 810 of the Code of Civil Procedure, withdrawal of the application cannot give rise to an order on...
A statutory clause requiring the parties to "undertake" to resort to conciliation before commencing any judicial or arbitral proceedings constitutes a legally binding obligation and not a mere option, given...
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...
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,...
The objection of lack of jurisdiction of the ordinary court in favour of the arbitral tribunal, based on the arbitration clause contained in the special conditions of contract, must be...
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...