In the presence of an arbitration clause for foreign arbitration, the objection based on the arbitration agreement, given the jurisdictional and substitutive nature of the...
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An objection based on an arbitration agreement relating to a clause for regular arbitration pertains to jurisdiction, since the activity of regular arbitrators must be...
An arbitration clause in companies must provide for the number and manner of nomination of the arbitrators, conferring in any event, under penalty of nullity...
The devolution of a dispute to contractual arbitrators (arbitri irrituali) is configured as a renunciation of the jurisdiction of the State through the choice of...
An arbitration clause contained in general conditions of contract is not subject to the regime of Article 1341, paragraph 2, of the Civil Code when...
A disciplinary measure issued by an association ordering the forfeiture of membership for breach of statutory provisions does not constitute an arbitral award within the...
Proceedings for the annulment of an arbitral award constitute proceedings subject to limited grounds of challenge, which may only be brought for specific procedural errors...
Decision
Court of Paola, 12 July 2025, N. 673
The inadmissibility of a claim due to the provision of an arbitration clause for contractual arbitration (arbitrato irrituale) is ascertainable only upon objection by the...
When the parties confer the power of appointment of arbitrators upon the Judicial Authority through contractual clause, the latter is invested with such power not...
The attributive effect of cognizance to arbitrators, proper to the compromissory agreement or the arbitration clause, is paralysed by the prevailing effect, produced by bankruptcy...