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

ordinanza

Tribunale — Trieste
The appointment of a special curator for the representation of the company in arbitral proceedings is necessary when there is a conflict of interest between the company and its legal…
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sentenza

no. 1390 · Tribunale — Vicenza
The partial nullity of an arbitration clause due to a merely potestative condition precedent does not entail the nullity of the entire arbitration agreement when the void part is not…
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sentenza

no. 2125 · Tribunale — Verona
A contractual arbitration (arbitrato irrituale) award produces res judicata effect limited to the thema decidendum established in the arbitration agreement, not automatically extending to all relationships between the parties where…
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sentenza

no. 583 · Tribunale — Forli
The existence of an arbitration clause does not exclude the jurisdiction of the ordinary court to issue a payment order, but requires the court hearing the opposition, where the existence…
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sentenza

no. 1127 · Tribunale — Teramo
An arbitration clause contained in a construction contract which provides for the resolution of disputes through arbitral proceedings with decision according to equity and as amiable compositeur, renders inadmissible before…
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sentenza

no. 2621 · Tribunale — Napoli Nord
An objection founded on an arbitration clause for contractual arbitration (arbitrato irrituale) does not raise a question of jurisdiction or competence in the technical sense, but rather a question of…
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sentenza

no. 374 · Corte di Appello — Cagliari
In proceedings for the challenge of corporate resolutions brought in arbitral proceedings, there is no necessary joinder with parties who have entered into shareholders' agreements with the company's shareholders, even…
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sentenza

no. 1389 · Tribunale — Vicenza
The value of the claim for the purposes of determining arbitral jurisdiction is established at the time of filing the claim, with subsequent reductions of credit claims made during the…
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ordinanza

Tribunale — Firenze
The preventive technical consultation for conciliation purposes under art. 696-bis of the Code of Civil Procedure does not have a cautionary nature, but rather primarily a conciliatory and possibly anticipatory…
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sentenza

no. 13541 · Tribunale — Roma
The rules governing the challenge of arbitral awards under art. 808-ter of the Code of Civil Procedure do not apply to awards issued pursuant to arbitration agreements entered into prior…
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