The interpretation of an arbitration clause must be conducted with reference to the literal text, the common intention of the parties and their overall conduct,...
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The challenge of a contractual arbitration award (arbitrato irrituale) for essential error is admissible when the formation of the arbitrators' will has been deviated by...
Expenses incurred for initiating arbitral proceedings constitute recoverable consequential loss in cases of contractual breach by the counterparty, subject to proof of actual disbursement and...
The objection based on arbitration agreement has a procedural nature and constitutes a matter of jurisdiction, therefore it must be raised, on pain of forfeiture,...
The arbitration clause contained in the articles of association, relating to disputes concerning corporate relationships, does not extend to disputes arising from shareholders' agreements lacking...
Where the parties have not determined in the arbitration agreement the procedural rules to be adopted, the arbitrators are free to regulate the structure of...
In matters concerning opposition to a decree of enforceability of a foreign award, the territorial incompetence of the president of the court of appeal who...
In matters of arbitration, the contradiction referred to in art. 829, para. 1, no. 11, Code of Civil Procedure, for the purpose of allowing challenge...
Regarding nullity of arbitral awards for violation of rules on the appointment of arbitrators, the objection may be raised pursuant to Article 829, paragraph 2,...
The nullity of a merely potestative clause appended to an arbitration agreement does not render the entire arbitration agreement null and void when the clause...