ITALY 85

09 - 10 - 1984

ITALY 85

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XI (1986)
Jurisdiction Italy
Summary

Italy 85. Corte di Cassazione, Plenary Session, 9 October 1984

Related topics
210

The court discusses these Articles, which require a specific, separate signature for (domestic) arbitration agreements.

Articles 1341 and 1342 Italian Civil Code
212

The court discusses issues specific to an arbitration agreement concluded through an agent or broker, e.g., whether the authorization to conclude it must also be in writing.

Agent/broker, etc.
214-216 Field of application
217

The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.

Referral to arbitration in general
ITALY 85