The presence of an arbitration clause in the articles of association determines arbitral jurisdiction for disputes relating to liability actions against company directors, with consequent...
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In the presence of an arbitration clause, the ordinary court seized by application for a payment order lacks jurisdiction in favour of the arbitral tribunal,...
An arbitral award which is merely declaratory in nature, lacking any elements of condemnation, does not constitute a suitable title for the request of a...
The defence based on the existence of an arbitration clause for contractual arbitration (arbitrato irrituale) does not raise an issue of jurisdiction of the judicial...
The arbitration clause contained in the partnership agreement which does not expressly confer upon the arbitrators the power to grant interim measures does not preclude...
The case law of the Court of Cassation presents fluctuating approaches to the qualification of the exception relating to arbitration clauses, considering it alternatively as...
Where an arbitration clause limits recourse to the ordinary court to invoices relating to goods received without dispute, the burden lies on the party invoking...
An arbitration clause containing reference to the interpretation and performance of the contract has comprehensive scope and encompasses all disputes having their causa petendi in...
An arbitral award that has acquired finality following judicial confirmation through the degrees of judgment constitutes suitable title for obtaining urgent interim relief under article...
The arbitration clause that refers to arbitrators the cognisance of disputes relating to the interpretation and performance of the contract is not applicable to claims...