The failure to resume proceedings following a declaration of incompetence by the ordinary court in favour of the arbitrator, pursuant to Article 819-quater of the...
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An arbitration clause contained in a public procurement contract concluded before the entry into force of Law N. 190 of 6 November 2012, whilst remaining...
Inadmissible is the cautionary application during proceedings for suspension of corporate deliberation proposed within merit proceedings instituted before the State Judge when the merit dispute...
Decision
Court of Fermo, 27 June 2025, N. 379
The ordinary judge is always competent to issue an injunctive decree notwithstanding the existence of arbitration clause provided in the contract from which the credit...
Decision
Court of Fermo, 27 June 2025, N. 382
The right to receive payment of fees arises for arbitrators by the sole fact of having effectively performed the task conferred upon them, irrespective of...
Arbitral clauses contained in condominium regulations find application limited to disputes connected with interpretation and application of the regulations themselves, not extending to questions regarding...
The criterion for deferability to arbitral judgment of corporate disputes is given by the nature of the rights exercised, according to whether they are or...
Being a clause bearing derogation from the general actionability of subjective right positions before ordinary jurisdiction, it is necessary that the arbitration clause be drafted...
Decision
Court of Naples, Order 26 June 2025
The value of the dispute, relevant for purposes of liquidation of compensation due to arbitrators, is determined a priori on the basis of the petitum,...
The existence of an arbitration clause is not an obstacle to the request and consequent issue of an injunctive decree, subject to the respondent's faculty...