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...
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Arbitral jurisdiction is no longer an exception or derogation from state jurisdiction but represents an alternative and interchangeable remedy to proceedings instituted before national courts,...
Contractual arbitration (arbitrato irrituale) constitutes a contractual mechanism for dispute resolution. The final award has the nature of a contract and does not acquire the...
The effectiveness of an arbitration clause, as an onerous clause, is subject to specific written approval only when the clause is inserted in contracts with...
Challenge of an arbitral award for nullity is a limited form of challenge, permitted only for certain procedural defects and for non-observance of legal rules...
An award that decides preliminary or procedural questions must be challenged under Article 827, paragraph 3 of the Code of Civil Procedure together with the...
Assignment of contract involves transfer of the obligation arising from the arbitration clause when the original parties committed to refer to regular arbitrators every dispute...
In contractual arbitration, given its nature aimed at integrating a contractual expression of will substituting that of the parties in conflict, the award may be...
Decision
Court of Cuneo, 21 May 2025, N. 294
An arbitration clause contained in condominium regulations must be interpreted, absent contrary intention, in the sense that all cases where the regulations may represent a...
An arbitration clause referring to arbitrators disputes about interpretation, performance and termination of the contract, absent express contrary intention, gives arbitral jurisdiction only to disputes...