Italian Arbitration Case Law

ordinanza 16/09/2026

Supreme Court, order of 16 September 2026, N. 25448

no. 25448 · Cassazione

In the matter of the challenge of the arbitral award for nullity, the defect of inconsistency referred to in art. 829, co. 1, n. 11, cod. proc. civ. is relevant…

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ordinanza 13/09/2026

Supreme Court, order of 13 September 2026, N. 25256

no. 25256 · Cassazione

The regime governing corporate arbitration, now consolidated in arts. 838-bis and 838-ter cod. proc. civ. by virtue of art. 3, co. 55, d.lgs. n. 149 of 2022 (Cartabia reform), operates…

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ordinanza 11/07/2026

Court of Crotone, order of 11 July 2026 (R.G. 00000729/2026)

Tribunale — Crotone

A stay of the enforceability of a challenged award falls within the jurisdiction of the Court of Appeal seized of the action for annulment under art. 830, co. 4, cod.…

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sentenza 10/07/2026

Court of Pesaro, judgment of 10 July 2026, No. 457

no. 457 · Tribunale — Pesaro

An arbitration clause appearing at the foot of informed consent forms signed by a patient is ineffective as unfair under art. 33, co. 2, d.lgs. 206/2005, unless the professional proves…

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sentenza 10/07/2026

Court of Pesaro, judgment of 10 July 2026, No. 458

no. 458 · Tribunale — Pesaro

An arbitration clause included in informed consent forms for medical treatment is null as unfair where it was not preceded by individual negotiation with the patient as a consumer, its…

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sentenza 10/07/2026

Court of Rimini, judgment of 10 July 2026, No. 419

no. 419 · Tribunale — Rimini

An award rendered in arbitration and declared enforceable under art. 825 cod. proc. civ. shares the nature of a judicial enforcement title and may be construed in the light of…

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sentenza 10/07/2026

Court of Treviso, judgment of 10 July 2026, No. 984

no. 984 · Tribunale — Treviso

An award ordering the transfer of ownership of real property, which distinguishes the constitutive part ordering the transfer from the obligation to pay the balance of the price conditional upon…

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decreto 10/07/2026

Court of Brescia, decree of 10 July 2026 (R.G. 00008287/2026)

Tribunale — Brescia

An award rendered in contractual arbitration (arbitrato irrituale) constitutes adequate evidence of a certain, liquidated and due claim for the purpose of issuing a payment order under art. 633 et…

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ordinanza 10/07/2026

Court of Naples, order of 10 July 2026 (R.G. 00013235/2026)

Tribunale — Napoli

The pendency of arbitral proceedings between a shareholder and the company does not, in the absence of concrete evidence of misuse, amount to an abuse of the shareholder's right of…

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sentenza 09/07/2026

Court of Appeal of Venice, judgment of 9 July 2026, No. 1568

no. 1568 · Corte di Appello — Venezia

An arbitration clause agreed between a healthcare facility and a physician refers to arbitration disputes concerning their internal relationship of recourse or indemnity, which remain outside the jurisdiction of the…

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ordinanza 09/07/2026

Court of Lecco, order of 9 July 2026 (R.G. 00000823/2026)

Tribunale — Lecco

Upon the arbitrators' acceptance of their mandate, a private law contract akin to a contract for intellectual services is formed between the parties and the arbitrators, giving rise to the…

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sentenza 09/07/2026

Court of Naples, judgment of 9 July 2026, No. 11374

no. 11374 · Tribunale — Napoli

Where the arbitral tribunal declines jurisdiction, the costs of the arbitral proceedings are in principle borne by the unsuccessful party that commenced them, unless the arbitrators decide otherwise or the…

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