In matters of arbitration, the exception relating to the existence of an arbitration clause is procedural in nature and constitutes a question of jurisdiction which...
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An arbitration clause which devolves to arbitrators disputes connected with the corporate contract must be deemed extended also to the dispute concerning the withdrawal of...
Where the company and the directors have submitted to arbitration every dispute relating to the liability of the latter, the derogation from ordinary jurisdiction and...
A corporate action for liability exercised by the bankruptcy liquidator pursuant to Article 146 of the Bankruptcy Law, being pursued for the protection of the...
Decision
Court of Milan, order 15 July 2025
The subsistence of a conflict of interests between the director of a company and the company itself, determined by the circumstance that the director is...
The inadequate identification, in the arbitration agreement, of the arbitral institution to which is entrusted the nomination of the arbitrators, as well as the identification...
The presence of an arbitration clause does not prevent requesting and obtaining from the ordinary court an injunctive decree for the credit arising from the...
Disputes in corporate matters may form the object of arbitral compromise, with the exclusion of those which have as their object interests of the company...
Challenge of an arbitration award does not constitute a common appeal against the decision taken by the arbitrators, being limited to ascertainment of the causes...
The interpretation of an arbitration clause must be conducted according to the criteria of good faith and the common intention of the parties pursuant to...