Before the constitution of the arbitral tribunal, interim protection is assured by the competent court pursuant to Article 669-quinquies of the Code of Civil Procedure,...
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The interpretation of an arbitration clause must be conducted according to the criteria of good faith and the common intention of the parties, as provided...
Decision
Supreme Court, 8 July 2025, N. 18558
Service of proceedings challenging an arbitral award does not constitute service of the judgment for the purposes of commencing the short limitation period for appeal,...
An arbitration clause which expressly provides for reservation of jurisdiction to the ordinary judicial authority for certain categories of disputes permits the exercise of such...
The contradiction in an award pursuant to Article 829, number 11, of the Code of Civil Procedure relevant for purposes of challenge for nullity must...
Decision
Court of Padua, 7 July 2025, N. 1073
The protection afforded by Article 1341, paragraph 2, of the Civil Code cannot operate in favour of the party which has unilaterally predisposed the contract...
An arbitral clause contained in corporate articles of association concerning disputes between shareholders does not extend to relationships of a personal nature and foreign to...
A dispute having as its object the invalidity of a resolution of the general meeting for omitted convocation of a member, being subject to the...
Decision
Supreme Court, 6 July 2025, N. 18394
The relationship between the Italian court and foreign or international arbitration involves a question of jurisdiction. The identification of arbitration as international is determined according...
In contracts for public works awarded to enterprises united in a temporary association, the declaration of bankruptcy of the mandatary company determines dissolution of the...