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Results for: "jurisdiction"

772 result(s) found for "jurisdiction"

Court of Lagonegro, 9 October 2025, No. 562

sentenza
⚖️ Court: Tribunale di Lagonegro
📅 Date: 09/10/2025
📄 Number: 562
An insurance policy clause that assigns to third parties the assessment of damage through contractual expert appraisal constitutes a case of contractual expert appraisal and not arbitration, institutional or contractual,...

Court of Appeal of Milan, 9 October 2025, No. 2672

sentenza
⚖️ Court: Corte di Appello di Milano
📅 Date: 09/10/2025
📄 Number: 2672
The objection based on arbitration agreement has a procedural character and constitutes a question of jurisdiction, in consideration of the jurisdictional nature of institutional arbitration and its function as a...

Court of Monza, 9 October 2025, No. 1779

sentenza
⚖️ Court: Tribunale di Monza
📅 Date: 09/10/2025
📄 Number: 1779
In case of assignment of credit arising from a contract containing an arbitration clause for contractual arbitration (arbitrato irrituale), the assigned debtor may raise against the assignee the defence of...

Court of Appeal of Palermo, 9 October 2025, No. 1421

sentenza
⚖️ Court: Corte di Appello di Palermo
📅 Date: 09/10/2025
📄 Number: 1421
An arbitration clause contained in a contract maintains its effectiveness and extends arbitral jurisdiction to all disputes arising from the contractual relationship when the arbitral award has declared the claim...

Court of Appeal of Rome, 8 October 2025, No. 5694

sentenza
⚖️ Court: Corte di Appello di Roma
📅 Date: 08/10/2025
📄 Number: 5694
The power to decline arbitral jurisdiction provided unilaterally in favour of the concessionaire alone in an arbitration clause drafted by the public administration does not conflict with constitutional principles, as...

Court of Salerno, order 8 October 2025

ordinanza
⚖️ Court: Tribunale di Salerno
📅 Date: 08/10/2025
In proceedings for the determination of the arbitrator's fee, state-funded legal aid granted to a party for a different judicial proceeding does not entail the imposition of payment of the...

Court of Appeal of Salerno, 8 October 2025, No. 829

sentenza
⚖️ Court: Corte di Appello di Salerno
📅 Date: 08/10/2025
📄 Number: 829
The distinction between institutional arbitration and contractual arbitration (arbitrato irrituale) is based on the parties' intention, but for the purposes of identifying the means of challenge against the award, what...

Court of Genova, 7 October 2025, No. 2253

sentenza
⚖️ Court: Tribunale di Genova
📅 Date: 07/10/2025
📄 Number: 2253
Contractual arbitration (arbitrato irrituale) is subject to the same jurisdictional limitations as institutional arbitration, so that the assertion of non-referability of the dispute to arbitrators due to reservation of jurisdiction...

Court of Genoa, 7 October 2025, n. 2254

sentenza
⚖️ Court: Tribunale di Genova
📅 Date: 07/10/2025
📄 Number: 2254
In matters of contractual arbitration (arbitrato irrituale), the objection that the dispute cannot be referred to arbitrators for lack of jurisdiction constitutes a matter of merit which results in the...

Court of Milan, 7 October 2025, No. 7479

sentenza
⚖️ Court: Tribunale di Milano
📅 Date: 07/10/2025
📄 Number: 7479
The defendant's adherence to the objection of lack of jurisdiction due to an arbitration clause raised by the opposing party results in the application of Article 38, paragraph 2 of...