Italian Arbitration Case Law

sentenza 24/07/2026

Court of Catania, judgment of 24 July 2026, No. 3599

no. 3599 · Tribunale — Catania

An action against the official who allowed the supply in breach of the accounting rules is subsidiary in nature to that available to the professional against the public entity, with…

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sentenza 24/07/2026

Court of Appeal of Milan, judgment of 24 July 2026, No. 2299

no. 2299 · Corte di Appello — Milano

The failure to produce the file of the arbitral proceedings does not render the challenge to the award inadmissible or incapable of proceeding, the obtaining of the file having a…

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sentenza 24/07/2026

Court of Crotone, judgment of 24 July 2026, No. 542

no. 542 · Tribunale — Crotone

Under art. 824 bis cod. proc. civ., save as provided by art. 825 cod. proc. civ., an award has, from the date of its last signature, the effects of a…

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decreto 24/07/2026

Court of Naples, decree of 24 July 2026 (R.G. 00013509/2026)

Tribunale — Napoli

Given the determination already contained in the arbitral award, the party must obtain its enforceability in the forms laid down by art. 825 cod. proc. civ. and may not seek…

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ordinanza 23/07/2026

Court of Catania, order of 23 July 2026 (R.G. 00002900/2026)

Tribunale — Catania

As regards arbitration, the distinction between arbitration and contractual arbitration (arbitrato irrituale) turns upon the parties' intention, which in the former case is directed at obtaining an award capable of…

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sentenza 23/07/2026

Court of Macerata, judgment of 23 July 2026, No. 515

no. 515 · Tribunale — Macerata

The presence of an arbitration clause does not deprive the creditor of the right to seek and obtain an order for payment from the ordinary court, since the summary stage…

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sentenza 23/07/2026

Court of Milan, judgment of 23 July 2026, No. 6296

no. 6296 · Tribunale — Milano

The court is not bound by the legal characterisations put forward by the parties and must arrive at the correct characterisation of the legal institutions on the basis of all…

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sentenza 23/07/2026

Court of Naples, judgment of 23 July 2026, No. 11793

no. 11793 · Tribunale — Napoli

An arbitration clause inserted in a company's instrument of incorporation, providing for the possibility of referring to arbitrators disputes between the members, those between the company and the members, as…

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decreto 23/07/2026

Court of Pescara, decree of 23 July 2026 (R.G. 00001420/2026)

Tribunale — Pescara

Where the conditions laid down by art. 78 cod. proc. civ. for the existence of a conflict of interests are met, the President of the Court appoints a special representative…

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sentenza 23/07/2026

Court of Rome, judgment of 23 July 2026, No. 11450

no. 11450 · Tribunale — Roma

A clause by which the parties undertake, in all cases of dispute arising under the contract, first to attempt conciliation before the chamber of commerce does not contain elements sufficiently…

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sentenza 23/07/2026

Court of Appeal of Naples, judgment of 23 July 2026, No. 5503

no. 5503 · Corte di Appello — Napoli

The raising, at the same time, of an objection that the dispute is referred to arbitrators by virtue of the arbitration clause and of counterclaims does not imply a waiver…

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sentenza 23/07/2026

Court of Appeal of Venice, judgment of 23 July 2026, No. 1634

no. 1634 · Corte di Appello — Venezia

A challenge to an award for nullity under art. 829 cod. proc. civ. is a limited form of recourse, being allowed only for certain defects in procedendo and, as regards…

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