The existence of an arbitration clause does not exclude the jurisdiction of ordinary courts to issue a payment order (decreto ingiuntivo - a summary procedure...
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Court of Lecce, 5 June 2025, N. 1814
The presence of an arbitration clause does not prevent requesting and obtaining from the ordinary court a payment order for debts arising from the contract,...
An arbitration clause that grants only one party the power to decline arbitral jurisdiction and request that the case be decided by ordinary courts is...
Challenge of an arbitral award for violation of rules of law on the merits of the dispute is not admissible when arbitral proceedings were commenced...
Compliance with formal requirements for presentation of applications for enforcement of foreign arbitral awards, prescribed by Article 839 of the Code of Civil Procedure and...
Procedural conduct incompatible with the will to apply an arbitration clause, such as failure to activate the arbitral tribunal for disputes falling within the scope...
Annulment of an arbitral award determines the cessation of conditions for set-off operated on the basis of the credit recognised therein, and subsequent cassation with...
Challenge of an award under Article 829 of the Code of Civil Procedure is admitted solely to assert errors in law (errores in iudicando) and...
A party who, despite having agreed to an arbitration clause, proceeds before the ordinary courts by joining a third party who is subject to the...
An arbitration clause contained in a contract applies, absent express contrary intention, solely to disputes arising from that contract itself and which may arise between...