Italian Arbitration Case Law

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

3,692 catalogued decisions

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Italian Arbitration Case Law

sentenza

no. 3016 · Tribunale — Lecce
The case law of the Court of Cassation presents fluctuating approaches to the qualification of the exception relating to arbitration clauses, considering it alternatively as an exception of lack of…
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sentenza

no. 8141 · Tribunale — Milano
Where an arbitration clause limits recourse to the ordinary court to invoices relating to goods received without dispute, the burden lies on the party invoking arbitral jurisdiction to prove that…
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sentenza

no. 4332 · Tribunale — Salerno
An arbitration clause containing reference to the interpretation and performance of the contract has comprehensive scope and encompasses all disputes having their causa petendi in the contract to which it…
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ordinanza

Tribunale — Siena
An arbitral award that has acquired finality following judicial confirmation through the degrees of judgment constitutes suitable title for obtaining urgent interim relief under article 700 of the Code of…
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sentenza

no. 520 · Tribunale — Spoleto
The arbitration clause that refers to arbitrators the cognisance of disputes relating to the interpretation and performance of the contract is not applicable to claims for damages and, where there…
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sentenza

no. 4676 · Tribunale — Torino
An arbitration clause that refers to arbitrators disputes concerning the interpretation, performance and termination of the contract, in the absence of express contrary intention, confers arbitral jurisdiction only over disputes…
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sentenza

no. 1022 · Tribunale — Trani
If the contract containing an arbitration clause is terminated pursuant to art. 83 bis of the Bankruptcy Act, the pending arbitration proceedings cannot be continued and the commencement of new…
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ordinanza

Tribunale — Bolzano
An arbitral award which is merely declaratory in nature, lacking any elements of condemnation, does not constitute a suitable title for the request of a payment order under article 633…
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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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ordinanza

Tribunale — La Spezia
The arbitration clause contained in the partnership agreement which does not expressly confer upon the arbitrators the power to grant interim measures does not preclude the jurisdiction of the ordinary…
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