Interim relief jurisdiction
A partnership includes in its articles of association, amended in 2006, an arbitration clause referring all corporate disputes to arbitrators...
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Results for: "jurisdiction"
772 result(s) found for "jurisdiction"
Counterclaims and objection to Court’s jurisdiction
The Court of first instance of Milan issued an interesting decision addressing the relationship between counterclaims and objection to the...
Objection to State Court’s jurisdiction
A contract contains an arbitration clause whereby the parties’ disputes are referred to arbitration. Notwithstanding the said clause, a party...
Sign twice to arbitrate abroad? The separate approval requirement for international arbitration clauses between the New York Convention, procedural reforms and recent case law
In two near-simultaneous judgments handed down just two days apart, the Rome Court of Appeal (full text available here) and...
Court of Messina, 5 March 2026, No. 426
sentenza
An arbitration clause with a bipartite structure is not in principle incompatible with a plurality of parties, provided that a spontaneous grouping of the interests at stake into two homogeneous...
Court of Perugia, 5 March 2026, No. 421
sentenza
An arbitration clause is to be classified as providing for arbitration, and not contractual arbitration (arbitrato irrituale), where it lacks elements univocally indicative of the latter and contains expressions such...
Court of Salerno, 5 March 2026, No. 1449
sentenza
In the absence of an express contrary intention, an arbitration clause must be interpreted in the sense of conferring on the arbitral tribunal jurisdiction over all disputes relating to claims...
Court of Sassari, 5 March 2026, No. 182
sentenza
An arbitration clause contained in a procurement contract between undertakings, drawn up to regulate a specific commercial transaction and not intended to govern an indefinite series of relationships, does not...
Court of Venice, order of 4 March 2026
ordinanza
Arbitration, being jurisdictional in nature and substituting for the function of the ordinary courts, means that the objection of an arbitration agreement gives rise to a question of jurisdiction; contractual...
Court of Vicenza, 4 March 2026, No. 344
sentenza
An arbitration clause contained in a validly concluded contract entails the lack of jurisdiction of the state court in respect of disputes relating to the performance of that contract, conferring...