Italian Arbitration Case Law

sentenza 29/07/2026

Court of L’Aquila, judgment of 29 July 2026, No. 2114

no. 2114 · Tribunale — L'Aquila

An arbitration clause in the articles of association relating to the relations between the company and its members cannot be invoked against a person who sues in the capacity of…

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ordinanza 29/07/2026

Court of Appeal of Milano, order of 29 July 2026 (R.G. 00001195/2026)

Corte di Appello — Milano

The stay of the enforceability of an award challenged for nullity is subject, under art. 830, co. 4, cod. proc. civ., to the existence of serious grounds. The court's assessment…

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sentenza 29/07/2026

Court of Milano, judgment of 29 July 2026, No. 6398

no. 6398 · Tribunale — Milano

Challenges to resolutions approving the annual accounts based on infringement of the principles of clarity, truthfulness and fairness of the accounting document concern interests which go beyond the parties' power…

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sentenza 29/07/2026

Court of Ragusa, judgment of 29 July 2026, No. 1128

no. 1128 · Tribunale — Ragusa

An arbitration clause in the articles of association, operating exclusively in respect of disputes concerning the company contract or the life of the company, does not extend to a claim…

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sentenza 28/07/2026

Court of Napoli, judgment of 28 July 2026, No. 11854

no. 11854 · Tribunale — Napoli

The fees owed to arbitrators in contractual arbitration (arbitrato irrituale) are characterised as a debt arising from mandate, the enforced performance of which requires ordinary proceedings on the merits to…

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sentenza 28/07/2026

Court of Piacenza, judgment of 28 July 2026, No. 262

no. 262 · Tribunale — Piacenza

A ruling on competence recorded in the minutes of a hearing in the context of dealing with an interlocutory application, not preceded by a formal referral of the case for…

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sentenza 28/07/2026

Court of Appeal of Brescia, judgment of 28 July 2026, No. 766

no. 766 · Corte di Appello — Brescia

The arbitrators' interpretation of the operative content of a shareholders' resolution, and hence of the intention expressed therein, may be challenged by an application to set aside the award for…

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sentenza 28/07/2026

Court of Appeal of Milano, judgment of 28 July 2026, No. 2340

no. 2340 · Corte di Appello — Milano

An application to set aside an award for nullity is a limited form of challenge, being available only to raise errores in iudicando and errores in procedendo within the exhaustive…

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sentenza 27/07/2026

Court of Bari, judgment of 27 July 2026, No. 4468

no. 4468 · Tribunale — Bari

The extinction of administered arbitral proceedings, declared by the arbitral institution on account of the litigants' failure to pay the advance on fees required for the constitution of the arbitral…

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sentenza 27/07/2026

Court of Cuneo, judgment of 27 July 2026, No. 403

no. 403 · Tribunale — Cuneo

Pursuant to art. 808 cod. proc. civ., in the absence of a contrary and unequivocal intention of the parties to provide for a contractual settlement of the dispute, an arbitration…

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ordinanza 27/07/2026

Court of Enna, order of 27 July 2026 (R.G. 00000087/2026)

Tribunale — Enna

The determination of their fees by the arbitrators constitutes a contractual mechanism for fixing the remuneration, in which the arbitrators' self-assessment has the value of a contractual offer, becoming binding…

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ordinanza 27/07/2026

Court of Mantova, order of 27 July 2026 (R.G. 00002697/2026)

Tribunale — Mantova

Where the dispute has been referred to an arbitral tribunal, its value, relevant for the purpose of determining the fees payable to the arbitrators, is established a priori on the…

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