Separability of the arbitration clause
The arbitration clause, in Italian jurisdiction as well as in a number of other jurisdictions, does not constitute an ancillary...
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Results for: "procedure"
773 result(s) found for "procedure"
Court of Appeal of Brescia, 10 October 2019, n. 1483
sentenza
When the parts not have determined, in the compromise or in the clause compromise, the rules procedural from adopt, the referees are free by regular the articulation of the procedure...
Stare decisis?
Italian legal system is a civil law system: as a consequence, stare decisis doctrine does not apply in Italy. However,...
Court of Cosenza, 27 September 2019, n. 1902
sentenza
At the public administration it is radically precluded the possibility of use of the arbitration irrital to the fine of the resolution of controversies deriving from contracts conclusions with private,...
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...
Iura novit Arbiter
A recent decision issued by the Court of Appeal of Genoa (decision No. 1215 of 27 August 2019, Italian text...
Supreme Court, 13 September 2019, n. 22905
ordinanza
Where the judge ordinary affirm or neghi the existence o the validity of one clause incomplete per arbitration irritation, refraining first case from pronounce on merit of the dispute for...
Court of Rome, 6 September 2019, n. 17037
sentenza
The existence of one clause turmoil not excludes the competence of the judge ordinary ad issue a decree injunction (expected that the discipline of the procedure referee not contemplates the...
Court of Milan, 16 August 2019, n. 7862
sentenza
The existence of one clause turmoil not excludes the competence of the judge ordinary ad issue a decree injunction (expected that the discipline of the procedure referee not contemplates the...
Supreme Court, 7 August 2019, n. 21059
ordinanza
Not can be considered elements decisive per configure the referee irrital e per exclude the ritual nor the conferment to referees of the power of decide second equity, or In...