Opposition to foreign arbitral award recognition decrees cannot be configured as criticism of foreign decision merits, being limited to defects provided by regulations on foreign award recognition. The circumstance that...
Grounds for award challenge based on arbitration agreement nullity, lack of arbitrator independence and impartiality, and absence of potestas decidendi are inadmissible under Article 817, paragraph 3, of the Civil...
Disputes between companies and shareholders concerning patrimonial rights arising from the corporate relationship fall fully within the scope of statutory arbitration clauses that provide for submission to arbitrators of disputes...
Awards rendered in contractual arbitration may be set aside under Article 808-ter, paragraph 2, nos. 4 and 5 of the Civil Procedure Code when arbitrators fail to comply with rules...
The presence of an arbitration clause does not prevent requesting and obtaining from ordinary courts a payment order for debts arising from contracts, while preserving the respondent's right to raise...
Arbitration clauses contained in corporate founding documents must specify, under penalty of nullity, the number and procedures for arbitrator appointment, conferring authority to appoint all arbitrators to parties external to...
Arbitral jurisdiction is no longer an exception or derogation from state jurisdiction but represents an alternative and interchangeable remedy to proceedings instituted before national courts, constituting a party prerogative protected...
Contractual arbitration (arbitrato irrituale) constitutes a contractual mechanism for dispute resolution. The final award has the nature of a contract and does not acquire the effects provided for by Article...
The effectiveness of an arbitration clause, as an onerous clause, is subject to specific written approval only when the clause is inserted in contracts with general conditions prepared by only...
Challenge of an arbitral award for nullity is a limited form of challenge, permitted only for certain procedural defects and for non-observance of legal rules exclusively within the limits of...
An award that decides preliminary or procedural questions must be challenged under Article 827, paragraph 3 of the Code of Civil Procedure together with the final award. But an award...
Assignment of contract involves transfer of the obligation arising from the arbitration clause when the original parties committed to refer to regular arbitrators every dispute relating to implementation, interpretation and...