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Results for: "procedure"

984 result(s) found for "procedure"

Court of Salerno, 21 October 2019, n. 3296

sentenza
⚖️ Court: Tribunale di Salerno
📅 Date: 21/10/2019
📄 Number: 3296
In the discipline previous the reform of 2006, the nature negotiating of the arbitration irritation, which instrument of resolution of the controversies hidden on the custody a third of the...
art. 808 It. code civ. proc.

Separability of the arbitration clause

by Roberto Oliva
The arbitration clause, in Italian jurisdiction as well as in a number of other jurisdictions, does not constitute an ancillary...
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AppealArbitration clause

Court of Appeal of Brescia, 10 October 2019, n. 1483

sentenza
⚖️ Court: Corte di Appello di Brescia
📅 Date: 10/10/2019
📄 Number: 1483
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...
Without category

Stare decisis?

by Roberto Oliva
Italian legal system is a civil law system: as a consequence, stare decisis doctrine does not apply in Italy. However,...
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Italian Supreme Court

Court of Cosenza, 27 September 2019, n. 1902

sentenza
⚖️ Court: Tribunale di Cosenza
📅 Date: 27/09/2019
📄 Number: 1902
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,...
art. 819/ter It. code civ. proc.

Objection to State Court’s jurisdiction

by Roberto Oliva
A contract contains an arbitration clause whereby the parties’ disputes are referred to arbitration. Notwithstanding the said clause, a party...
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ArbitrationDomestic arbitration
art. 829 It. code civ. proc.

Iura novit Arbiter

by Roberto Oliva
A recent decision issued by the Court of Appeal of Genoa (decision No. 1215 of 27 August 2019, Italian text...
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Appeal

Supreme Court, 13 September 2019, n. 22905

ordinanza
⚖️ Court: Cassazione
📅 Date: 13/09/2019
📄 Number: 22905
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
⚖️ Court: Tribunale di Roma
📅 Date: 06/09/2019
📄 Number: 17037
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
⚖️ Court: Tribunale di Milano
📅 Date: 16/08/2019
📄 Number: 7862
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...