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. 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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sentenza

no. 1083 · Tribunale — Busto Arsizio
An arbitration clause contained in the articles of association of a partnership which provides for the appointment of a sole arbitrator by the partners and, in case of disagreement, by…
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sentenza

no. 1508 · Tribunale — Cosenza
The effectiveness and validity of an institutional arbitration award remain unaffected notwithstanding the subsequent assignment of the credit that is the subject of the award and any challenge thereof by…
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ordinanza

Tribunale — Salerno
In proceedings for the determination of the arbitrator's fee, state-funded legal aid granted to a party for a different judicial proceeding does not entail the imposition of payment of the…
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sentenza

no. 1390 · Corte di Appello — Bari
The ex officio finding of nullity of a shareholders' resolution by the arbitrator, made without prior notice to the parties and without allowing adversarial proceedings on the issue, results in…
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sentenza

no. 5694 · Corte di Appello — Roma
The power to decline arbitral jurisdiction provided unilaterally in favour of the concessionaire alone in an arbitration clause drafted by the public administration does not conflict with constitutional principles, as…
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sentenza

no. 829 · Corte di Appello — Salerno
The distinction between institutional arbitration and contractual arbitration (arbitrato irrituale) is based on the parties' intention, but for the purposes of identifying the means of challenge against the award, what…
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ordinanza

Tribunale — Brescia
The abstention of an arbitrator for reasons of appropriateness constitutes one of the circumstances provided for by art. 811 of the Code of Civil Procedure and, in the absence of…
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ordinanza

Tribunale — Busto Arsizio
The appointment of the arbitral tribunal by the court president presupposes the existence of a statutory clause providing for recourse to arbitration and the subsistence of the relevant conditions for…
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