Court of Appeal of Caltanissetta, 24 May 2025, N. 192
The effectiveness of an arbitration clause, as an onerous clause, is subject to specific written approval only when the clause...
Arbitration in Italy
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Recent Decisions
View all →Court of Appeal of Milan, 23 May 2025, N. 1461
Challenge of an arbitral award for nullity is a limited form of challenge, permitted only for certain procedural defects and...
Court of Appeal of Rome, 22 May 2025, N. 3187
An award that decides preliminary or procedural questions must be challenged under Article 827, paragraph 3 of the Code of...
Court of Cagliari, 22 May 2025, N. 789
Assignment of contract involves transfer of the obligation arising from the arbitration clause when the original parties committed to refer...
Court of Brescia, 21 May 2025, N. 2111
In contractual arbitration, given its nature aimed at integrating a contractual expression of will substituting that of the parties in...
Court of Cuneo, 21 May 2025, N. 294
An arbitration clause contained in condominium regulations must be interpreted, absent contrary intention, in the sense that all cases where...
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,...