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...
Archive
Decisioni
2,982
items
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...
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...
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...
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...
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...
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...
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 arbitration clause that devolves cognizance of disputes to an arbitral tribunal with a mandate to judge according to equity is null and void when...
The presence of an arbitration clause does not prevent the creditor from requesting and obtaining from the ordinary judge an injunctive decree for credit arising...