The objection to the jurisdiction of the ordinary court in favour of the arbitral tribunal, based on an arbitration clause contained in the contract underlying...
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The procedure for determining expropriation compensation provided for by Article 21 of Presidential Decree No. 327/2001, despite providing for the appointment of a panel of...
An arbitration clause contained in a contract, whereby the parties refer future and potential disputes relating to the interpretation or performance of the contract itself...
An arbitral award ascertaining the acquisition of ownership by adverse possession constitutes adequate evidence of title to the dominant right in subsequent ordinary proceedings concerning...
The presence of an arbitration clause in a contractual agreement does not preclude the ordinary court from having jurisdiction over matters relating to the nature...
The distinguishing criterion between institutional arbitration and contractual arbitration (arbitrato irrituale) does not lie in the terminology adopted by the parties, but rather in the...
The arbitration clause contained in the articles of association of a company subject to judicial liquidation cannot be invoked against the liquidator exercising the action...
The presence of an arbitration clause does not prevent the creditor from requesting and obtaining from the ordinary court an order for payment in respect...
A contractual arbitration clause (arbitrato irrituale), providing for the contractual resolution of the dispute through a mandate conferred upon the arbitrator, entails the inadmissibility of...
The request for arbitration, pursuant to Article 816-bis of the Code of Civil Procedure, produces the substantive effects of a judicial claim and constitutes a...