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...
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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...
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...
Decision
Court of Rome, order 3 November 2025
An arbitral award concerning the annulment of a general meeting resolution confirming the appointment of a condominium administrator, being a decision of a purely declaratory...
The participation of an heir who has accepted the inheritance with benefit of inventory in institutional arbitration proceedings, intended to conclude with an award to...