The interpretation of arbitration clauses must be carried out with reference to the literal datum and the common intention of the parties, privileging extensive interpretation...
Archive
Decisioni
2,982
items
Statutory arbitration clauses which devolve to arbitration disputes between the association and its members or between members concerning the associative relationship do not extend to...
An arbitration clause binds exclusively the stipulating parties to the contract which contains it and does not extend automatically to relationships with third-party users of...
Arbitration clauses contained in corporate articles of association are valid and effective for the devolution to arbitration of disputes concerning available rights arising from the...
Decision
Court of Turin, 4 July 2025, N. 3265
An arbitration clause is null and void for manifest indeterminacy when it does not identify with exactitude which disputes are devolved to the cognizance of...
An arbitration clause is of an autonomous nature in relation to the contract to which it attaches, with merely procedural effects, so that even the...
In an application for suspension of the executory effect of an arbitration award, the alleged nullities for partial omitted reasoning and contradiction in reasoning do...
The mere declaration of inadmissibility of a previous application for recognition of the executory effect of a foreign arbitration award for defect of formal requirements...
Decision
Court of Milan, 2 July 2025, N. 5486
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...
An arbitration clause, being derogatory of ordinary jurisdiction, produces effects exclusively between the parties who have specifically subscribed to it, and cannot extend its efficacy...