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. 4726 · Tribunale — Torino
A provision in the articles of association that refers to an expert appointed by the court the determination of the value of the share of a withdrawing member, in the…
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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. 28936 · Cassazione
In an appeal to the Court of Cassation against a judgment that has decided on the challenge to an arbitral award, the review of legality must be conducted exclusively by…
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ordinanza

no. 28956 · Cassazione
In matters of contractual arbitration (arbitrato irrituale) governed by article 412-quater of the Code of Civil Procedure, the award is not challengeable through ordinary forms and procedures but only in…
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ordinanza

no. 28930 · Cassazione
The waiver of challenge to an arbitral award is equivalent to a waiver of action and results in the award becoming res judicata, producing immediate effect without requiring acceptance by…
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sentenza

no. 4296 · Tribunale — Palermo
The arbitration clause contained in the articles of association of a cooperative, which refers to arbitrators disputes between members or between members and the company concerning available rights relating to…
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sentenza

no. 490 · Tribunale — Cremona
In the presence of an arbitration clause, the ordinary court seized by application for a payment order lacks jurisdiction in favour of the arbitral tribunal, and must declare its lack…
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ordinanza

Tribunale — Venezia
The presence of an arbitration clause in the articles of association determines arbitral jurisdiction for disputes relating to liability actions against company directors, with consequent liquidation of procedural costs of…
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sentenza

no. 603 · Tribunale — Cuneo
The defence based on the existence of an arbitration clause for contractual arbitration (arbitrato irrituale) does not raise an issue of jurisdiction of the judicial authority, but contests the admissibility…
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sentenza

no. 5299 · Corte di Appello — Napoli
In companies limited by shares, an arbitration clause contained in the articles of association takes precedence over the special provision that confers jurisdiction on the court for the exclusion of…
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