Supreme Court, order of 6 May 2026, N. 13009
ordinanza
Pursuant to art. 819-ter co. 1 cod. proc. civ., the plea of lack of jurisdiction of the court by reason of an arbitration agreement must be raised, on pain of...
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858 result(s) found for "jurisdiction"
Court of Appeal of Rome, decree of 6 May 2026 (R.G. 00050525/2026)
decreto
An arbitration clause in a company's articles of association that confers on the President of the Court of Appeal the power to appoint arbitrators cannot be treated as equivalent to...
Court of Santa Maria Capua Vetere, order of 6 May 2026 (R.G. 00007419/2025)
ordinanza
The objection based on an arbitration agreement (exceptio compromissi) is of a procedural nature and raises a question of jurisdiction, which must be raised by the interested party, on pain...
Court of Appeal of Rome, decree of 6 May 2026 (R.G. 00050715/2026)
decreto
Pursuant to art. 839, paragraph 1, of the Code of Civil Procedure, exclusive functional jurisdiction to rule on an application for recognition of the enforceability in Italy of a foreign...
Court of Venice, judgment of 5 May 2026, No. 8245
sentenza
The plea of arbitral jurisdiction, being a defence in the strict sense left to the parties' disposition, must be raised by the defendant within the time limits prescribed by art....
Supreme Court, order of 5 May 2026, N. 12630
ordinanza
Judgments on jurisdiction rendered by the Court of Cassation on an application for the determination of jurisdiction — including those affirming arbitral jurisdiction — have pan-procedural effect and produce their...
Supreme Court, order of 5 May 2026, N. 12660
ordinanza
The special forum provided for by art. 637 co. 3 cod. proc. civ. — which enables a barrister to apply for a payment order to the court having jurisdiction by...
Court of Modena, judgment of 5 May 2026, No. 627
sentenza
An arbitration clause included in general terms and conditions drafted by a professional operator, conferring jurisdiction to decide disputes upon administered arbitration, is not enforceable against a user who is...
Court of Parma, judgment of 5 May 2026, No. 523
sentenza
An arbitration clause contained in an individually negotiated contract is not subject to the requirement of specific written approval under Articles 1341 and 1342 of the Civil Code, which applies...
Court of Pesaro, order of 5 May 2026 (R.G. 00000322/2026)
ordinanza
An arbitration clause that generically refers to arbitration «all disputes relating to or arising from the contract» does not confer upon the arbitral tribunal exclusive jurisdiction over interim measures under...