General terms and conditions
Arbitration clause provided for by general terms and conditions: is it enforceable? The issue was recently addressed in a decision...
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Results for: "jurisdiction"
772 result(s) found for "jurisdiction"
Distinguishing Achmea
Two ICSID Arbitral Tribunals, on the basis of similar reasons, reached the same conclusion: Achmea decision (available here) does not...
Court of Rovigo, 1 July 2019, n. 462
sentenza
The activity of the referees rituals has nature jurisdiction and replacement of the function of the judge ordinary, so that it is to establish if a controversy belt to the...
Review on the merits
A recent decision issued by Italian Supreme Court (No. 17159 of 26 June 2019, Italian text available here) gives me...
Assignment of credit and arbitration clause
The Italian Supreme Court has recently upheld its doctrine on the circulation of the arbitration clause in case of credit...
Corporate arbitration: the doctrine is (finally) right, its application is wrong
Corporate arbitration is a major topic for Italian arbitration practitioners. The Italian Supreme Court developed a doctrine and laid down...
Court of Turin, 14 June 2019, n. 3018
sentenza
In case of co -presence in the contract contract of one clause skuser and of one clause of choice of hole, the latter must be read in the sense of...
Court of Appeal of Rome, 14 June 2019, n. 3995
sentenza
In the Arbitration Ritual the pronunciation referee has nature of act of autonomy private and, correlatively, the compromise si configure which renunciation action judicial action and to jurisdiction of the...
Court of Perugia, 14 June 2019, n. 943
sentenza
The exception of compromise lifted in front to the judge ordinary, loss despite that the dispute is it was referred to to referees a a question that concerns to merit...
Scope of corporate arbitration clauses
A recent decision issued by the Court of Cosenza (no. 1171 of 4 June 2019, Italian text available here) addresses...