A contractual provision containing an arbitration clause which grants the parties a mere option to refer disputes to an arbitral body for resolution, rather than...
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In matters of corporate arbitration, pursuant to Article 36 of Legislative Decree No. 5/2003, disputes concerning the challenge of corporate bodies' resolutions must be decided...
An arbitration clause contained in the articles of association of a company which refers to the rules of an arbitral institution, which in turn provide...
The joint and several liability of the parties towards the arbitrators for the payment of fees, provided for by Article 814, paragraph 1, of the...
The annulment of an arbitral award by the Court of Appeal for lack of jurisdiction does not automatically result in the cancellation of the effects...
A contractual arbitration award (arbitrato irrituale) whose validity has been confirmed by a final judgment following challenge proceedings pursuant to Article 808-ter of the Code...
An arbitration clause conferring upon arbitrators jurisdiction over disputes relating to the interpretation, application and performance of a works contract also encompasses disputes concerning the...
The prior completion of testing of public works constitutes a procedural prerequisite that conditions the availability of arbitration, configuring itself as a procedural exception whose...
A contractual clause which confers upon the judicial authority of a specific forum jurisdiction over "all disputes" arising from the contract, excluding arbitral jurisdiction, does...
An arbitration clause contained in a public works contract does not preclude the jurisdiction of the ordinary court where, following an objection of lack of...