Following the judgment of the Constitutional Court No. 223/2013, which declared the constitutional illegitimacy of Article 819-ter, paragraph 2, of the Code of Civil Procedure...
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The validity of an arbitration clause is subject to the specific written approval required by Article 1341 of the Civil Code solely when it is...
An arbitration clause providing for the reference of a dispute to a foreign arbitrator is void when the case concerns non-waivable rights, which include the...
An institutional arbitration award possesses the nature of a judicial determination and constitutes a contractual derogation from the jurisdiction of the ordinary judge, producing from...
An arbitration clause (clausola compromissoria) contained in a preliminary contract for the sale of immovable property survives its non-reproduction in the final contract, being an...
An objection to jurisdiction based on the presence of an arbitration clause is preliminary in nature and, if upheld, results in a declaration that the...
The registration tax due for the decree granting enforceability to an arbitral award constitutes the subject matter of a joint and several obligation borne by...
An arbitration clause, in the absence of express contrary intention, must be interpreted as conferring arbitral jurisdiction over all disputes relating to claims having their...
Decision
Court of Palermo, ord. 24 July 2025
The presence of an arbitration clause precludes recourse to preliminary technical assessment for the purposes of dispute resolution pursuant to Article 696-bis of the Code...
A contractual arbitration clause (arbitrato irrituale) contained in a contract operates also in respect of claims formally characterised as founded on extra-contractual tort, where the...