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"
858 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...
Supreme Court, order of 19 June 2026, N. 20853
ordinanza
The decision of the court declining its own jurisdiction in favour of the arbitrators is not appealable, but may be challenged exclusively by means of an application for the determination...
Supreme Court, order of 17 June 2026, N. 20419
ordinanza
In the matter of recognition of the efficacy of a foreign arbitral award, the production of the submission agreement, in the original or in a certified copy, together with the...
Supreme Court, order of 16 June 2026, N. 20055
ordinanza
In the matter of interpretation of the arbitration clause, the principle of favour for arbitral jurisdiction set out in art. 808-quater cod. proc. civ. operates with regard to the scope...
Supreme Court, order of 15 June 2026, N. 20038
ordinanza
Art. 819-ter co. 2 cod. proc. civ., insofar as it excludes the applicability of art. 50 cod. proc. civ. (translatio iudicii), operates only in the case where it is the...
Supreme Court, order of 4 June 2026, N. 17811
ordinanza
Art. 819-ter cod. proc. civ., introduced by art. 22 of d.lgs. 40/2006, insofar as it prescribes that the judgment by which the court affirms or denies its own jurisdiction in...
Supreme Court, order of 24 May 2026, N. 15975
ordinanza
In public works contracts entered into following a public tender called by a public body, the intention to refer the related disputes to arbitrators must be expressed in an explicit...
Supreme Court, order of 11 May 2026, N. 13720
ordinanza
In the matter of an application for the determination of jurisdiction, where an arbitration clause and a jurisdiction clause coexist within the same contract, the court is bound to reconstruct...