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,...
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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 declaration of nullity of the lease contract pronounced by arbitral award not declared enforceable produces constitutive effects in the relations between the parties to...
A general acceptance clause of contractual provisions ("all provisions contained in the preceding articles have been defined and accepted by the parties in adversarial proceedings")...
The arbitral award duly rendered by the arbitrator is susceptible to a declaration of enforceability by the competent court, following verification of the formal regularity...
The objection based on an arbitration agreement constitutes a strict exception not raisable ex officio, subject to procedural preclusion where not raised within the time...
The right of information and control of a non-managing member of a limited liability company, governed by Article 2476, paragraph 2 of the Civil Code,...
An agreement for contractual arbitration (arbitrato irrituale) renders a claim inadmissible where the opposing party properly raises the relevant objection, unlike institutional arbitration which determines...
The mere participation of a person in arbitration proceedings on behalf of an insurance company is not sufficient to demonstrate the existence of general representative...
In proceedings for the challenge of an arbitral award, the rules on discontinuance of proceedings provided for first instance proceedings before the court apply, so...