Challenge of an award for nullity has the character of limited challenge, since it is admitted only to assert errores in iudicando and errores in...
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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...
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...
Decision
Court of Bologna, Order 25 June 2025
Article 838-ter of the Code of Civil Procedure, which attributes to arbitrators cautionary power in disputes devolved to arbitration concerning the validity of assembly deliberations,...
Pursuant to Article 808-quater of the Code of Civil Procedure, the arbitration agreement must be interpreted, in doubt, in the sense that the jurisdiction of...
The arbitration clause does not constitute an accessory of the contract in which it is inserted, but has its own individuality and autonomy clearly distinct...
For the grant of suspension of the executory effect of an arbitral award pursuant to Article 830, final paragraph, of the Code of Civil Procedure,...
Cross-appeal in proceedings for nullity of an arbitral award is subject to the same rules as cross-appeal in civil judgments, with the consequence that it...
The arbitration clause inserted in the articles of association alone of a cooperative company is not suitable to establish arbitral jurisdiction for disputes between the...
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...