Following the reform of arbitration operated by Legislative Decree 2 February 2006 N. 40, Article 819-ter of the Code of Civil Procedure expressly defines in terms of "jurisdiction" the question...
In proceedings to challenge an arbitral award, the subject matter is not the ascertainment of facts, which belongs exclusively to the arbitrators, but the verification of the legitimacy of the...
For the purpose of identifying the discipline applicable to arbitration, reference must be made to the date of subscription of the arbitral clause, Article 829 of the Code of Civil...
The arbitration clause inserted in contracts stipulated between professional and consumer is subject to the presumption of unfairness pursuant to Article 33, paragraph 2, of Legislative Decree 6 September 2005...
Defective reasoning in an arbitral award constitutes a defect referable to Article 829, paragraph 1, N. 5, of the Code of Civil Procedure, in relation to Article 823, paragraph 1,...
The possibility for public administration to avail itself of contractual arbitration (arbitrato irrituale) is precluded, with consequent nullity of the relative arbitration clause having as its object matter not capable...
Arbitral jurisdiction deriving from the arbitration clause is not exhausted in disputes having as their object the literal execution of the contract or the primary obligations of the parties but...
The activity of regular arbitrators has jurisdictional nature and substitutes for the function of the ordinary judge, so that establishing whether a dispute belongs to the cognition of the former...
The distinguishing criterion between regular arbitration and contractual arbitration (arbitrato irrituale) consists in the fact that in regular arbitration the parties seek the pronouncement of an award capable of being...
An arbitration clause that devolves cognizance of disputes to an arbitral tribunal with a mandate to judge according to equity is null and void when one of the parties to...
A decision by the ordinary court affirming or denying the existence or validity of contractual arbitration (arbitrato irrituale) is not susceptible to challenge by way of jurisdictional regulation, since the...
The distinguishing criterion between regular arbitration and contractual arbitration (arbitrato irrituale) consists in the fact that in regular arbitration the parties seek the pronouncement of an award capable of being...