Where an arbitration clause provides for an exception to arbitral jurisdiction in respect of certain disputes, such exception must be construed restrictively, with the consequence...
Archive
Decisioni
2,982
items
The ordinary court has jurisdiction to issue an order for payment notwithstanding the existence of an arbitration clause in the contract from which the credit...
The distinguishing criterion between institutional arbitration and contractual arbitration (arbitrato irrituale) lies in the fact that in institutional arbitration the parties intend to obtain an...
A dispute concerning the challenge to the resolution approving the financial statements of a company on the ground of failure to satisfy the requirements of...
The waiting period of one hundred and twenty days from service of the enforceable instrument, as provided for by Article 14(1) of Decree-Law No. 669...
The suspension of limitation provided for during the conduct of contractual arbitration (arbitrato irrituale) proceedings does not operate where such proceedings, being contractual and optional...
The Italian ordinary courts have jurisdiction to execute international letters rogatory issued by foreign arbitral tribunals, in accordance with international conventions on judicial assistance in...
Where an arbitration clause refers to administered arbitration rules containing provisions on emergency arbitration, exclusive interim jurisdiction is conferred upon the arbitrators only where the...
For the purposes of recognising the validity of an arbitration clause capable of founding arbitral jurisdiction and excluding the jurisdiction of the ordinary courts, the...
Contractual arbitration (arbitrato irrituale) constitutes an instrument for the contractual resolution of disputes, based on entrusting third parties with the task of seeking an amicable,...