Italian Arbitration Case Law

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

3,666 catalogued decisions

Search Case Law

Italian Arbitration Case Law

ordinanza

Tribunale — Catania
The declaration of enforceability of an arbitral award pursuant to art. 825 of the Code of Civil Procedure constitutes a control of mere formal regularity that does not involve re-examination…
Read more
sentenza

no. 5174 · Corte di Appello — Napoli
Public Administration cannot validly stipulate arbitration clauses providing for contractual arbitration (arbitrato irrituale), as such form of dispute resolution, entrusted to subjects identified without adequate guarantees of transparency and publicity,…
Read more
ordinanza

Tribunale — Rimini
An arbitration clause contained in a business branch lease agreement, which provides for the referral of all disputes relating to the interpretation, performance and termination of the agreement to an…
Read more
ordinanza

Tribunale — Tempio Pausania
The arbitration clause must necessarily be the result of a specific agreement between the parties, who must manifest their intention to derogate from ordinary jurisdiction, and cannot be adopted unilaterally…
Read more
sentenza

no. 4961 · Tribunale — Venezia
The statutory arbitration clause providing for arbitral jurisdiction over disputes between shareholders or between shareholders and the company does not apply to relationships between the company and third parties who…
Read more
ordinanza

no. 28192 · Cassazione
An arbitral award that has been set aside, whilst lacking binding effect, may be used by the court as mere probative documentation from which to derive factual elements useful to…
Read more
ordinanza

Tribunale — Brescia
In interim proceedings under article 2476, third paragraph, of the Civil Code, a statutory clause providing for arbitration does not preclude the jurisdiction of the ordinary court for interim relief…
Read more
ordinanza

Tribunale — Catania
An arbitration clause that expressly provides for judgment according to equity in the form of contractual arbitration (arbitrato irrituale), without observance of the rules and time limits established by law…
Read more
sentenza

no. 2642 · Tribunale — Bologna
A contractual arbitration award (arbitrato irrituale), whilst not being subject to the rules on challenge of institutional arbitration awards, produces final effects in determining the parties' intentions when it concerns…
Read more
sentenza

no. 1647 · Tribunale — Cagliari
The waiver of the arbitration clause contained in the contract results in the lapse of arbitral jurisdiction and the restoration of the ordinary court's jurisdiction over all disputes arising from…
Read more
ordinanza

Tribunale — Lagonegro
The qualification of an arbitration as institutional or contractual (arbitrato irrituale) cannot be based exclusively on the designation attributed by the parties, as the judge must infer the actual intention…
Read more
sentenza

no. 877 · Tribunale — Reggio Emilia
The arbitration clause relating to disputes concerning the interpretation, performance and termination of a contract includes within its scope of application the claim for damages for contractual breach, insofar as…
Read more