Where an arbitration clause refers to the arbitrators the resolution of any challenges or disputes relating to a contract, the ordinary court may not determine...
Archive
Decisioni
2,982
items
An arbitral award constitutes a title capable of establishing a claim that is certain, liquidated and due for the purposes of granting provisional enforceability of...
An arbitration clause contained in a contract is binding exclusively upon the persons who signed it and cannot be relied upon as a plea of...
The plea of institutional arbitration falls within the category of procedural pleas, since the activity of institutional arbitrators is of a judicial nature and substitutes...
The existence of an arbitration clause contained in a contract renders the claim inadmissible before the ordinary court until the dispute has been determined in...
An arbitration clause referring to the arbitrators disputes concerning the interpretation or performance of the contract, in the absence of an express contrary intention, confers...
In proceedings challenging a contractual arbitration award (lodo irrituale), the court's jurisdiction is determined in accordance with the provisions of Book I of the Code...
In the event of the total annulment of an arbitral award, the continuation of the proceedings pursuant to Article 278 of the Code of Civil...
An arbitration clause contained in one contract does not automatically extend to a separate but related contract that merely refers to the first, the derogation...
The distinguishing criterion between institutional arbitration and contractual arbitration (arbitrato irrituale) lies in the fact that, in the former, the parties seek the rendering of...