Italian Arbitration Case Law

Decisions, rulings and awards of Italian State courts and arbitral tribunals, with headnotes.

3,666 catalogued decisions

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Italian Arbitration Case Law

sentenza

no. 5397 · Tribunale — Catania
A contractual arbitration award (arbitrato irrituale), being contractual in nature, may be challenged exclusively on grounds of defects that may vitiate any contractual manifestation of will, such as incapacity of…
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sentenza

no. 10064 · Tribunale — Napoli
Contractual arbitration (arbitrato irrituale) arises where the parties confer upon the arbitral tribunal a binding decision-making function, encompassing the assessment of both the quantum and the an debeatur, as may…
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ordinanza

Tribunale — Roma
An arbitration clause contained in a company's articles of association is void, pursuant to Article 34 of Legislative Decree No. 5/2003 (a provision which was incorporated into Article 838-bis, paragraph…
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ordinanza

Tribunale — Udine
The lack of jurisdiction of the state court in favour of international arbitration constitutes a distinct and autonomous issue from the objection based on an arbitration agreement, which must be…
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sentenza

no. 6469 · Corte di Appello — Roma
With regard to third-party revocatory opposition against an arbitral award, a shareholder of a limited liability company has standing to bring the challenge not in his capacity as shareholder, to…
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ordinanza

no. 29014 · Cassazione
The interpretation of contracts constitutes the proper and exclusive function of the trial court, such that in proceedings on appeal to the Court of Cassation against a judgment deciding on…
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sentenza

no. 8334 · Tribunale — Milano
An arbitration clause contained in a construction contract does not automatically extend to settlement agreements subsequently entered into between the same parties to regulate the consequences of the termination of…
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ordinanza

Tribunale — Milano
In arbitration proceedings brought by a shareholder for damages allegedly caused to the company by the sitting administrative body, there exists a conflict of interest between the company and the…
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ordinanza

Tribunale — Nuoro
The application for a declaration of enforceability of an arbitral award must be filed, pursuant to Article 825 of the Code of Civil Procedure, with the registry of the court…
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sentenza

no. 1496 · Tribunale — Padova
An arbitration clause contained in a professional services contract is not enforceable against a party nor does it produce effects precluding judicial proceedings where the contract containing it has been…
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sentenza

no. 15319 · Tribunale — Roma
An action for liability against arbitrators, pursuant to Article 813-ter, paragraph 3, of the Code of Civil Procedure, may be brought during pending arbitration proceedings exclusively in the circumstances provided…
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