In contractual arbitration, given its nature aimed at integrating a contractual expression of will substituting that of the parties in conflict, the award may be...
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An arbitration clause referring to arbitrators disputes about interpretation, performance and termination of the contract, absent express contrary intention, gives arbitral jurisdiction only to disputes...
An arbitration clause referring to every dispute relating to interpretation and performance of the contract does not include a claim for damages based on non-performance...
Decision
Court of Milan, 19 May 2025, N. 4067
In contracts between businesses, an arbitration clause is not subject to specific written approval under Articles 1341 and 1342 of the Civil Code when the...
Decision
Court of Turin, 19 May 2025, N. 2434
The objection of inadmissibility due to presence of an arbitration clause finds no acceptance when the case does not concern exact interpretation of the contractual...
The interpretation of the contract operated by the referees constitutes assessment of fact not unionable in the judgment of appeal of the award, Salvo the...
The obligation of the specific approval per member of the clause compromise ai senses of art. 1341 code civ. Is respected even in the case...
Decision
Court of Bari, 16 May 2025, N. 1890
Power of attorney issued for arbitration proceedings does not automatically enable the lawyer to represent in ordinary proceedings, constituting a "special" mandate not equivalent to...
Existence of an arbitration clause does not exclude ordinary court jurisdiction to issue a payment order, but requires it, in case of subsequent opposition, to...
The defect of jurisdiction of the judge Italian deriving from clause turmoil per arbitration abroad not is detectable ex officio the relative exception si consider...