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...
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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...
An arbitration clause for formal arbitration included amongst general terms and conditions unilaterally drafted constitutes an unfair contract term and, as such, requires specific written...
There is no possibility of converting a void arbitration clause from an intra-corporate arbitration clause to a common law arbitration clause, since Article 34 of...
Decision
Court of Nola, 3 June 2025, N. 1710
An arbitration clause inserted in a public contract is void when it has not been preceded by the required prior authorisation from the governing body...
The provision of Article 817(2), second paragraph, of the Code of Civil Procedure does not merely preclude ex officio detection of non-arbitrability when the dispute...
Challenge for violation of rules of law relating to the merits of the dispute is admitted only if expressly provided by the parties or by...
Challenge for violation of rules of law relating to the merits of the dispute is admitted only if expressly provided by the parties or by...
An arbitration clause contained in a company's articles is not applicable when the company has been struck from the company register, since the entity with...
Decision
Court of Milan, 2 June 2025, N. 4456
Disputes concerning the challenge of resolutions approving annual accounts for breach of rules ensuring their clarity and accuracy relate to non-waivable rights and therefore cannot...