Archive

Decisioni

1,990 items
โš–๏ธ Cassazione
๐Ÿ“… 06/07/2025
๐Ÿ“„ N. 18394
The relationship between the Italian court and foreign or international arbitration involves a question of jurisdiction. The identification of arbitration as international is determined according...
โš–๏ธ Tribunale
๐Ÿ“… 29/06/2025
๐Ÿ“„ N. 2881
The applicability of Article 1341 of the Civil Code to arbitration clauses postulates the existence of general contract conditions, which imply unilateral elaboration of the...
โš–๏ธ Tribunale
๐Ÿ“… 27/06/2025
Inadmissible is the cautionary application during proceedings for suspension of corporate deliberation proposed within merit proceedings instituted before the State Judge when the merit dispute...
โš–๏ธ Tribunale
๐Ÿ“… 27/06/2025
๐Ÿ“„ N. 379
The ordinary judge is always competent to issue an injunctive decree notwithstanding the existence of arbitration clause provided in the contract from which the credit...
โš–๏ธ Tribunale
๐Ÿ“… 27/06/2025
๐Ÿ“„ N. 382
The right to receive payment of fees arises for arbitrators by the sole fact of having effectively performed the task conferred upon them, irrespective of...
โš–๏ธ Tribunale
๐Ÿ“… 27/06/2025
๐Ÿ“„ N. 508
Arbitral clauses contained in condominium regulations find application limited to disputes connected with interpretation and application of the regulations themselves, not extending to questions regarding...
โš–๏ธ Corte di Appello
๐Ÿ“… 27/06/2025
๐Ÿ“„ N. 58
The failure to resume proceedings following a declaration of incompetence by the ordinary court in favour of the arbitrator, pursuant to Article 819-quater of the...
โš–๏ธ Tribunale
๐Ÿ“… 26/06/2025
๐Ÿ“„ N. 1141
The criterion for deferability to arbitral judgment of corporate disputes is given by the nature of the rights exercised, according to whether they are or...
โš–๏ธ Tribunale
๐Ÿ“… 26/06/2025
๐Ÿ“„ N. 1248
Being a clause bearing derogation from the general actionability of subjective right positions before ordinary jurisdiction, it is necessary that the arbitration clause be drafted...
โš–๏ธ Tribunale
๐Ÿ“… 26/06/2025
The value of the dispute, relevant for purposes of liquidation of compensation due to arbitrators, is determined a priori on the basis of the petitum,...