The distinction between institutional arbitration and contractual arbitration (arbitrato irrituale) is based on the parties' intention to achieve, in the first case, an award capable...
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An arbitration clause constitutes an autonomous contract separate from the principal agreement in which it is included, endowed with its own identity and effectiveness, such...
For the purposes of the legal qualification of an arbitration clause as institutional or contractual arbitration (arbitrato irrituale), it is necessary to interpret the arbitration...
An arbitration clause contained in a subcontract cannot be raised as a preliminary objection in proceedings for opposition to a decree for payment when the...
The articles of incorporation or the bylaws of an association cannot prohibit recourse to judicial authority against an exclusion decision, as any preventive waiver by...
The arbitration clause maintains its efficacy and autonomy with respect to the contract to which it refers even after contractual withdrawal, extending to restitutionary disputes...
A statutory arbitration clause that extends the jurisdiction of the arbitral tribunal to disputes brought by directors against the company concerning available rights relating to...
The arbitration clause included in the articles of association does not apply to liability actions brought by the bankruptcy trustee, both because such action combines...
The appointment of the chairman of the arbitral tribunal by the President of the Court pursuant to art. 810 of the Code of Civil Procedure...
An arbitration clause cannot derogate from the mandatory functional jurisdiction of the court in eviction validation proceedings governed by articles 657 et seq. of the...