The adversarial principle in arbitral proceedings must be understood as requiring, even within freedom of arbitral procedural forms, guaranteeing parties equal rights and opportunities to...
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Arbitration clauses granting only one party the right to decline arbitral jurisdiction cannot be deemed invalid, not conflicting with private autonomy exercise limits but rather...
Decision
Supreme Court, 30 May 2025, N. 14608
An arbitral award, insofar as it is deemed equivalent to a judicial judgment from the moment of the last signature by the arbitrators, pursuant to...
Decision
Court of Milan, 29 May 2025, N. 4398
Arbitration clauses contained in condominium regulations must be interpreted according to their specific content, distinguishing between disputes relating to daily condominium life and disputes concerning...
Arbitrators may legitimately declare their own incompetence regarding certain claims while simultaneously deciding other claims on the merits, provided these involve legally distinct and autonomous...
Opposition to foreign arbitral award recognition decrees cannot be configured as criticism of foreign decision merits, being limited to defects provided by regulations on foreign...
Disputes between companies and shareholders concerning patrimonial rights arising from the corporate relationship fall fully within the scope of statutory arbitration clauses that provide for...
Awards rendered in contractual arbitration may be set aside under Article 808-ter, paragraph 2, nos. 4 and 5 of the Civil Procedure Code when arbitrators...
Decision
Court of Rimini, 28 May 2025, N. 418
The presence of an arbitration clause does not prevent requesting and obtaining from ordinary courts a payment order for debts arising from contracts, while preserving...
Arbitration clauses contained in corporate founding documents must specify, under penalty of nullity, the number and procedures for arbitrator appointment, conferring authority to appoint all...