In the presence of an arbitration clause, the court seized in proceedings opposing a payment order must declare its lack of jurisdiction pursuant to Article...
Archive
Decisioni
2,982
items
The arbitration clause constitutes a form of conventional derogation from the jurisdiction of the state court and takes the form of a plea of lack...
The arbitration clause contained in the articles of association is not applicable to the liability action brought by the liquidator in judicial liquidation proceedings against...
The existence of an arbitration clause does not preclude the application for and obtaining of a payment order from the ordinary court for the claim...
In the matter of an arbitration clause included among the general terms and conditions of a contract, the nullity arising from the lack of specific...
The arbitration clause that refers to contractual arbitration (arbitrato irrituale) but simultaneously attributes to the decision of the arbitral tribunal the nature of a "judgment"...
The arbitration clause contained in the articles of association of an association, which exhaustively refers to the arbitral tribunal disputes concerning membership status and the...
The arbitration clause that refers to arbitration disputes between members "in any way referable to the life of the company" must be interpreted broadly, encompassing...
The referral of jurisdiction on the merits to arbitrators by virtue of an arbitration clause does not exclude the jurisdiction of the ordinary court to...
The arbitration agreement, whether for arbitration or contractual arbitration (arbitrato irrituale), requires written form as a condition of validity (ad substantiam). The absence of proof...