Supreme Court, 6 July 2025, N. 18394
The relationship between the Italian court and foreign or international arbitration involves a question of jurisdiction. The identification of arbitration...
Arbitration in Italy
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Recent Decisions
View all →Supreme Court, 21 June 2025, N. 16635
In proceedings to challenge an arbitral award, the subject matter is not the ascertainment of facts, which belongs exclusively to...
Court of Ragusa, 15 June 2025, N. 922
The arbitration exception (exceptio compromissi) has a procedural character and constitutes a question of jurisdiction, therefore it must be raised,...
Court of Appeal of Naples, 14 June 2025, N. 3075
The procedure for determination of the value of a withdrawing member's share under Article 2473(3) of the Civil Code has...
Court of Florence, 13 June 2025, N. 2071
Corporate disputes concerning non-waivable rights are not arbitrable.
Court of Milan, 13 June 2025, N. 4806
Not arbitrable is a dispute concerning the challenge of a resolution approving company accounts for lack of requirements of truth,...
Recent Articles
View all →Foreign-Seated Corporate Arbitration
Italy’s Supreme Court has finally granted full recognition to corporate arbitration with foreign seats. In judgment no. 8911 of 4th...
When can the adversarial principle be considered violated?
A contract provides that one party handles design costs for subdividing property whilst the other proceeds with purchase, then transfers...
Interim relief jurisdiction
A partnership includes in its articles of association, amended in 2006, an arbitration clause referring all corporate disputes to arbitrators...
Interim attachment pending foreign arbitral award recognition
Trieste Court of Appeal’s order of 28th March 2025 (Italian text available here) addresses a question of considerable practical relevance:...
Still on parallel paths
An arbitration clause in a company’s articles of association allows disputes between shareholders and companies to be referred to arbitration....
Interim measures and arbitration in Italy after the 2022 reform: initial considerations in light of Article 818 of the Italian Code of Civil Procedure
The civil procedure reform introduced by Legislative Decree No. 149 of 10 October 2022, in force since 28 February 2023,...