An objection relating to a contractual arbitration clause (arbitrato irrituale) pertains to the merits, inasmuch as the arbitral pronouncement is of a contractual and not...
Archive
Decisioni
2,670
items
An arbitration clause presents a dual limitation: one on the subjective plane, concerning only disputes arisen between the subscribing parties specifically indicated, and the other...
Decision
Court of Brescia, decree 9 July 2025
Jurisdiction for the appointment of a special guardian pursuant to Articles 78 et seq. of the Code of Civil Procedure belongs to the ordinary court...
Decision
Court of Milan, 9 July 2025, N. 5703
Contestation regarding the very conclusion and existence of a particular written contract containing an arbitration clause does not cause the special jurisdiction of the arbitrators...
Decision
Court of Asti, 9 July 2025, N. 377
In the event of the succession of extraordinary administration proceedings in a contract containing an arbitration clause, that clause remains effective in the relationships between...
An objection relating to contractual arbitration (arbitrato irrituale) does not raise a question of jurisdiction of the judicial authority but contests the admissibility of the...
An arbitration clause which does not provide, failing to conform to the prescription of Article 34 of Legislative Decree 5/2003, that the nomination of the...
A contractual arbitration award (lodo arbitrale irrituale) does not have the effect of res judicata. Declarations made in arbitral proceedings by persons extraneous to the...
Before the constitution of the arbitral tribunal, interim protection is assured by the competent court pursuant to Article 669-quinquies of the Code of Civil Procedure,...
The interpretation of an arbitration clause must be conducted according to the criteria of good faith and the common intention of the parties, as provided...