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. 600 · Tribunale — Pistoia
An arbitration clause constitutes an autonomous contract separate from the principal agreement in which it is included, endowed with its own identity and effectiveness, such that neither the invalidity nor…
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sentenza

no. 598 · Tribunale — Ravenna
For the purposes of the legal qualification of an arbitration clause as institutional or contractual arbitration (arbitrato irrituale), it is necessary to interpret the arbitration agreement according to the normal…
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sentenza

no. 1480 · Tribunale — Reggio Calabria
An arbitration clause contained in a subcontract cannot be raised as a preliminary objection in proceedings for opposition to a decree for payment when the creditor disputes that the debt…
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ordinanza

Tribunale — Brindisi
An arbitration clause cannot derogate from the mandatory functional jurisdiction of the court in eviction validation proceedings governed by articles 657 et seq. of the Code of Civil Procedure, as…
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ordinanza

Tribunale — Mantova
In case of non-acceptance by the parties of the proposal for liquidation of fees formulated by the arbitral tribunal, jurisdiction for judicial liquidation belongs to the president of the court…
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sentenza

no. 1140 · Tribunale — Modena
An arbitration clause may be tacitly waived by the parties through the adoption of procedural conduct converging towards the exclusion of arbitral jurisdiction, such as the commencement of proceedings before…
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sentenza

no. 593 · Tribunale — Pistoia
The lack of subject matter jurisdiction of the ordinary judge exists when the parties have referred the dispute to institutional arbitrators through an arbitration clause, such issue being configured as…
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sentenza

no. 13358 · Tribunale — Roma
An arbitration clause that limits arbitral jurisdiction to disputes relating to the interpretation and performance of the articles of association does not extend to actions for restitution of financing provided…
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sentenza

no. 3859 · Tribunale — Salerno
The ordinary judge, although competent to issue a payment order notwithstanding the existence of an arbitration clause in the contract from which the credit relationship originates, loses jurisdiction when in…
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ordinanza

Tribunale — Udine
A contractual arbitration award (arbitrato irrituale) constitutes suitable title to obtain a payment order with provisional enforceability pursuant to article 642 of the Code of Civil Procedure, provided it is…
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sentenza

no. 1369 · Tribunale — Vicenza
In proceedings for opposition to enforcement brought on the basis of a foreign award accompanied by a recognition decree, the opposing party may not raise issues relating to defects in…
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