For the purposes of the legal qualification of an arbitration clause as institutional or contractual arbitration (arbitrato irrituale), it is necessary to interpret the arbitration...
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An arbitration clause cannot derogate from the mandatory functional jurisdiction of the court in eviction validation proceedings governed by articles 657 et seq. of the...
In case of non-acceptance by the parties of the proposal for liquidation of fees formulated by the arbitral tribunal, jurisdiction for judicial liquidation belongs to...
An arbitration clause may be tacitly waived by the parties through the adoption of procedural conduct converging towards the exclusion of arbitral jurisdiction, such as...
The liquidation of costs and fees carried out directly by the arbitrators pursuant to art. 814 para. 2 of the Code of Civil Procedure, when...
The lack of subject matter jurisdiction of the ordinary judge exists when the parties have referred the dispute to institutional arbitrators through an arbitration clause,...
An arbitration clause that limits arbitral jurisdiction to disputes relating to the interpretation and performance of the articles of association does not extend to actions...
The ordinary judge, although competent to issue a payment order notwithstanding the existence of an arbitration clause in the contract from which the credit relationship...
A contractual arbitration award (arbitrato irrituale) constitutes suitable title to obtain a payment order with provisional enforceability pursuant to article 642 of the Code of...
In proceedings for opposition to enforcement brought on the basis of a foreign award accompanied by a recognition decree, the opposing party may not raise...