Italian Arbitration Case Law

decreto 17/06/2026

Court of Lamezia Terme, decree of 17 June 2026 (R.G. 00000444/2026)

Tribunale — Lamezia terme

The President of the Court, pursuant to Articles 809 and 810 of the Code of Civil Procedure, appoints the arbitrator in accordance with the arbitration agreement, having regard to the…

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decreto 17/06/2026

Court of Rome, decree of 17 June 2026 (R.G. 00010469/2026)

Tribunale — Roma

The President of the Court, pursuant to Article 810 of the Code of Civil Procedure, appoints the arbitrator in place of the party that has failed to do so within…

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sentenza 17/06/2026

Court of Rovigo, judgment of 17 June 2026, No. 381

no. 381 · Tribunale — Rovigo

The plea of the arbitration agreement is procedural in nature and raises a question of jurisdiction that is not mandatory, since it is based solely on the will of the…

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ordinanza 16/06/2026

Supreme Court, order of 16 June 2026, N. 20235

no. 20235 · Cassazione

Proceedings for the challenge for nullity of the arbitral award pursuant to art. 829 cod. proc. civ. do not permit the court of appeal to review the correctness and adequacy…

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ordinanza 16/06/2026

Supreme Court, order of 16 June 2026, N. 20055

no. 20055 · Cassazione

In the matter of interpretation of the arbitration clause, the principle of favour for arbitral jurisdiction set out in art. 808-quater cod. proc. civ. operates with regard to the scope…

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sentenza 16/06/2026

Court of Appeal of Milan, judgment of 16 June 2026, No. 1887

no. 1887 · Corte di Appello — Milano

The challenge of an arbitral award does not constitute an ordinary appeal but is confined to the determination of the grounds of nullity set out in Article 829 of the…

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sentenza 16/06/2026

Court of Catanzaro, judgment of 16 June 2026, No. 2321

no. 2321 · Tribunale — Catanzaro

The objection of lack of jurisdiction on the ground of an arbitration agreement must be raised, on pain of forfeiture, in the statement of defence filed within the time limit…

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sentenza 16/06/2026

Court of Modena, judgment of 16 June 2026, No. 869

no. 869 · Tribunale — Modena

A waiver of the plea of the arbitration agreement, formalised by a party in the course of proceedings, renders moot the preliminary question of the referral to arbitration of disputes…

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ordinanza 16/06/2026

Court of Naples, order of 16 June 2026 (R.G. 00021975/2025)

Tribunale — Napoli

The statutory provision granting the shareholder the right to apply to the court under Article 2473 of the Civil Code for the valuation of the shareholding does not constitute an…

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sentenza 15/06/2026

Court of Milan, judgment of 15 June 2026, No. 4982

no. 4982 · Tribunale — Milano

Where a contractual arbitration (arbitrato irrituale) clause exists, a judicial claim is inadmissible before the ordinary court, and any order for payment that has been issued must be set aside.…

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ordinanza 15/06/2026

Supreme Court, order of 15 June 2026, N. 19979

no. 19979 · Cassazione

An arbitration clause contained in a contract is not apt to confer upon the arbitrators cognisance of disputes relating to a subsequent agreement, including a non-novative settlement, whereby the original…

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ordinanza 15/06/2026

Court of Naples, order of 15 June 2026 (R.G. 00005516/2026)

Tribunale — Napoli

Pursuant to Article 814 of the Code of Civil Procedure, each member of the arbitral tribunal is entitled to a separate and full fee for the work performed, and it…

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