Where the company and the directors have submitted to arbitration every dispute relating to the liability of the latter, the derogation from ordinary jurisdiction and...
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A corporate action for liability exercised by the bankruptcy liquidator pursuant to Article 146 of the Bankruptcy Law, being pursued for the protection of the...
Decision
Court of Milan, order 15 July 2025
The subsistence of a conflict of interests between the director of a company and the company itself, determined by the circumstance that the director is...
The inadequate identification, in the arbitration agreement, of the arbitral institution to which is entrusted the nomination of the arbitrators, as well as the identification...
The presence of an arbitration clause does not prevent requesting and obtaining from the ordinary court an injunctive decree for the credit arising from the...
Disputes in corporate matters may form the object of arbitral compromise, with the exclusion of those which have as their object interests of the company...
In the presence of an arbitration clause for foreign arbitration, the objection based on the arbitration agreement, given the jurisdictional and substitutive nature of the...
An objection based on an arbitration agreement relating to a clause for regular arbitration pertains to jurisdiction, since the activity of regular arbitrators must be...
An arbitration clause in companies must provide for the number and manner of nomination of the arbitrators, conferring in any event, under penalty of nullity...
The devolution of a dispute to contractual arbitrators (arbitri irrituali) is configured as a renunciation of the jurisdiction of the State through the choice of...