A contractual arbitration award (arbitrato irrituale), being contractual in nature, may be challenged exclusively on grounds of defects that may vitiate any contractual manifestation of...
Archive
Decisioni
2,982
items
Contractual arbitration (arbitrato irrituale) arises where the parties confer upon the arbitral tribunal a binding decision-making function, encompassing the assessment of both the quantum and...
Decision
Court of Rome, order 4 November 2025
An arbitration clause contained in a company's articles of association is void, pursuant to Article 34 of Legislative Decree No. 5/2003 (a provision which was...
The lack of jurisdiction of the state court in favour of international arbitration constitutes a distinct and autonomous issue from the objection based on an...
The interpretation of contracts constitutes the proper and exclusive function of the trial court, such that in proceedings on appeal to the Court of Cassation...
An arbitration clause contained in a construction contract does not automatically extend to settlement agreements subsequently entered into between the same parties to regulate the...
In arbitration proceedings brought by a shareholder for damages allegedly caused to the company by the sitting administrative body, there exists a conflict of interest...
The application for a declaration of enforceability of an arbitral award must be filed, pursuant to Article 825 of the Code of Civil Procedure, with...
An arbitration clause contained in a professional services contract is not enforceable against a party nor does it produce effects precluding judicial proceedings where the...
An action for liability against arbitrators, pursuant to Article 813-ter, paragraph 3, of the Code of Civil Procedure, may be brought during pending arbitration proceedings...