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. 5780 · Corte di Appello — Roma
The arbitration clause contained in a consortium statute that confers jurisdiction to the arbitral tribunal for all disputes relating to the application, performance and interpretation of the consortium contract maintains…
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ordinanza

Tribunale — Udine
A contractual clause providing for international arbitration for all disputes arising between the parties, even if only connected to the contract, determines lack of jurisdiction of the Italian court and…
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sentenza

no. 4845 · Corte di Appello — Napoli
In matters of arbitral proceedings, violation of the adversarial principle can only be established where there is an actual impairment of a party's opportunity to present arguments and counter-arguments, and…
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ordinanza

no. 27190 · Cassazione
The arbitration clause contained in condominium regulations which excludes from contractual arbitration (arbitrato irrituale) disputes concerning "primary rights arising from titles of acquisition" must be interpreted as referring to violations…
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sentenza

no. 13998 · Tribunale — Roma
The arbitration clause contained in tender specifications unilaterally prepared by the public administration is not binding on the private contracting party unless it is expressly agreed and accepted, as it…
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sentenza

no. 2672 · Corte di Appello — Milano
The objection based on arbitration agreement has a procedural character and constitutes a question of jurisdiction, in consideration of the jurisdictional nature of institutional arbitration and its function as a…
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sentenza

no. 1421 · Corte di Appello — Palermo
An arbitration clause contained in a contract maintains its effectiveness and extends arbitral jurisdiction to all disputes arising from the contractual relationship when the arbitral award has declared the claim…
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sentenza

no. 2270 · Tribunale — Genova
A claim for declaration of nullity of an arbitration clause and the related arbitral award is extinguished by renunciation of the action, resulting in cessation of the subject matter of…
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sentenza

no. 562 · Tribunale — Lagonegro
An insurance policy clause that assigns to third parties the assessment of damage through contractual expert appraisal constitutes a case of contractual expert appraisal and not arbitration, institutional or contractual,…
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sentenza

no. 1779 · Tribunale — Monza
In case of assignment of credit arising from a contract containing an arbitration clause for contractual arbitration (arbitrato irrituale), the assigned debtor may raise against the assignee the defence of…
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sentenza

no. 1387 · Tribunale — Treviso
An arbitration clause contained in general contract conditions satisfies the requirement of specific written approval under Article 1341 of the Civil Code even when it is referenced by numerical indication…
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