The determination issued by the Technical Advisory Board, established pursuant to Decree-Law No. 76/2020, which rules on the termination of a contract for works, has the nature of a contractual...
The distinction between institutional arbitration and contractual arbitration (arbitrato irrituale) is not based on the circumstance that only in the former the parties have delegated to the arbitrators a function...
An arbitration clause contained in the articles of association of a cooperative society, specifically approved in writing by the member in the application for admission with an express declaration of...
The arbitration clause constitutes an agreement with procedural effects autonomous from the contract in which it is inserted, so that its validity must be assessed independently pursuant to Article 808,...
The application for incidental declaration of nullity of an arbitration clause is supported by a legally relevant interest only where the counterparty actually intends to rely on the arbitration clause,...
The preliminary technical investigation with conciliatory purpose pursuant to Article 696-bis of the Code of Civil Procedure does not fall within the interim proceedings to which Article 669-quinquies of the...
In matters of arbitration, the principle that the jurisdiction of arbitrators is not excluded by the connection between the dispute referred to them and proceedings pending before the ordinary court,...
In matters of insolvency proceedings, the mandatory functional jurisdiction of the bankruptcy court, provided for by Article 24 of the Bankruptcy Act and by Article 13 of Legislative Decree no....
A contractual arbitration award (arbitrato irrituale) containing an order for payment of sums of money constitutes suitable written evidence for the purposes of obtaining a payment order pursuant to Articles...
An arbitration clause for contractual arbitration (arbitrato irrituale), included in the articles of association of a company, which provides for the submission to arbitrators of disputes between shareholders or between...
In the event that the parties fail to agree on the appointment of the chairman of the arbitral tribunal, the president of the court, pursuant to Article 810 of the...
Pursuant to Article 2 of the New York Convention of 10 June 1958 and Article 808 of the Code of Civil Procedure, foreign arbitrators in so-called international arbitration may be...