An arbitration clause that devolves to arbitrators disputes "concerning the interpretation, application and execution of the agreement" extends to disputes that, whilst being formally qualified...
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Decision
Court of Bari, 10 June 2025, N. 2256
Disputes between shareholders and companies concerning available rights of the shareholder are arbitrable when the company's articles contain an appropriate arbitration clause, even if relating...
Decision
Court of Enna, 10 June 2025, N. 202
A statutory arbitration clause that submits to arbitration disputes relating to the corporate relationship does not apply to disputes concerning payment of consideration for contractual...
The provision for direct payment of the subcontractor by the contracting authority under Article 105(13) of Legislative Decree 50/2016 does not exclude the operation of...
The inadmissibility of a claim by reason of an arbitration clause submitting the dispute to informal arbitration is not detectable ex officio, but only upon...
The presence of an arbitration clause does not prevent requesting and obtaining from ordinary courts a payment order for debts arising from contract, whilst preserving...
Challenge of an award for nullity under Article 829 of the Code of Civil Procedure has a limited character, admitted only to assert errors in...
The application of equitable criteria in liquidation of damages under Article 1226 of the Civil Code by an arbitral tribunal does not transform an award...
Recognition of a foreign arbitral award pursuant to Article 840 of the Code of Civil Procedure cannot be refused solely because an annulment appeal is...
The circumstance that a dispute relating to the transfer of shareholdings may affect the rights that the articles of association attribute to shareholders is not...