The distinguishing criterion between regular arbitration and contractual arbitration (arbitrato irrituale) consists in the fact that in regular arbitration the parties seek the pronouncement of...
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The presumption that arbitration clauses contained in contracts subject to consumer protection regulation are unfair may be overcome by the professional demonstrating that the introduction...
The presence of an arbitration clause does not prevent the creditor from requesting and obtaining from the ordinary judge an injunctive decree for credit arising...
Decision
Court of Parma, 18 June 2025, N. 727
The arbitration clause must be drafted in writing on pain of nullity only when the arbitration concerns disputes relating to legal relationships for which written...
Decision
Court of Patti, 18 June 2025, N. 690
The failure to propose an application for verification by one who produces a disavowed document containing an arbitration clause, like subsequent waiver thereof, depriving the...
Disputes between shareholders relating to expenses pertaining to the corporate relationship fall within the scope of application of the statutory arbitration clause when they derive...
Acceptance of the self-assessment of arbitral fees pursuant to Article 814 of the Code of Civil Procedure may be either express or implied, and when...
An arbitration clause which expressly provides for recourse to contractual arbitration (arbitrato irrituale) does not raise a question of jurisdiction in the technical sense, but...
An arbitration clause contained in company articles is null and void when it fails to provide that the appointment of arbitrators must be made by...
The arbitration exception (exceptio compromissi) has a procedural character and constitutes a question of jurisdiction, therefore it must be raised, on pain of forfeiture, in...