An arbitration clause contained in a contract is not enforceable against the assignee of the credit who has not assumed the position of the assignor...
Archive
Decisioni
2,982
items
The withdrawal of the application for a declaration of enforceability of the arbitral award results in the extinction of the exequatur proceedings.
The existence of an arbitration clause does not preclude the jurisdiction of the ordinary court to issue a payment order (decreto ingiuntivo), given that the...
The formulation of an arbitration clause by means of a modal verb indicating a faculty does not impose on the parties an obligation to have...
The declaration of nullity of an arbitral award by a final judgment enables the resumption of the ordinary proceedings that had been stayed pursuant to...
The objection of inadmissibility of the court proceedings based on the failure to follow the preliminary arbitration procedure provided for by an arbitration clause in...
A contractual provision providing for recourse to a third party for the determination of the content of the contract pursuant to Article 1349 of the...
An arbitration clause contained in the articles of association of a limited liability company (società a responsabilità limitata) is affected by nullity, which may be...
A challenge for breach of the rules of law relating to the merits of the dispute against an arbitral award rendered pursuant to an arbitration...
The principle of translatio iudicii (transfer of proceedings between jurisdictions) applies also to the relationship between arbitral proceedings and ordinary court proceedings, so that, following...