The challenge for annulment of an arbitral award constitutes a remedy of limited scope, in the sense that an award may be challenged exclusively on...
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Contractual arbitration (arbitrato irrituale) is incompatible with the public character of a contracting party, inasmuch as it entails the delegation to third parties of the...
Following the judgment of the Constitutional Court No. 223/2013, which declared the constitutional illegitimacy of Article 819-ter, paragraph 2, of the Code of Civil Procedure...
An institutional arbitration award possesses the nature of a judicial determination and constitutes a contractual derogation from the jurisdiction of the ordinary judge, producing from...
An arbitration clause (clausola compromissoria) contained in a preliminary contract for the sale of immovable property survives its non-reproduction in the final contract, being an...
The validity of an arbitration clause is subject to the specific written approval required by Article 1341 of the Civil Code solely when it is...
An arbitration clause providing for the reference of a dispute to a foreign arbitrator is void when the case concerns non-waivable rights, which include the...
An objection to jurisdiction based on the presence of an arbitration clause is preliminary in nature and, if upheld, results in a declaration that the...
In matters concerning the recognition of foreign arbitral awards, the assessment of incompatibility with public policy must be interpreted restrictively, being limited to the fundamental...
An application for revocation of Court of Cassation judgments ordering remittal is admissible where the alleged revocatory error concerns a procedural defect arising from an...