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. 13197 · Tribunale — Roma
The arbitration clause contained in the principal contract does not automatically extend to parties who have provided a guarantee in respect of the contractual obligations, with the guarantors remaining bound…
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ordinanza

Tribunale — Roma
The appointment of the arbitral tribunal by the president of the court pursuant to art. 810 of the Code of Civil Procedure constitutes an administrative measure aimed at giving effect…
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sentenza

no. 4187 · Tribunale — Torino
The provision of an arbitral procedure for the determination of specific contractual obligations cannot automatically extend to other obligations governed by the same contract, where the latter do not expressly…
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sentenza

no. 649 · Tribunale — Rovigo
Contractual expert determination, being configured as a collective mandate whereby the parties refer to one or more third parties the task of formulating a technical assessment whilst undertaking in advance…
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sentenza

no. 1123 · Tribunale — Modena
The liquidation of costs and fees carried out directly by arbitrators pursuant to art. 814 para. 2 of the Code of Civil Procedure constitutes a mere contractual proposal which becomes…
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sentenza

no. 2372 · Tribunale — Bologna
The arbitration clause contained in a general contract between multiple parties extends to all disputes relating to obligations arising from the same contract, even when they arise between parties who…
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sentenza

no. 4657 · Tribunale — Catania
The qualification of an arbitration clause as attributing institutional arbitration or contractual arbitration (arbitrato irrituale) must be conducted by applying the general rules of contractual interpretation, taking into account that…
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sentenza

no. 1611 · Tribunale — Foggia
An arbitration clause contained in a company's articles of association is null and void, pursuant to Article 34, paragraph 2, of Legislative Decree No. 5 of 17 January 2003, when…
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ordinanza

Tribunale — Paola
The presence of an arbitration clause in the contract prevents recourse to preventive technical assessment for conciliation purposes under article 696-bis of the Code of Civil Procedure, as a party…
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sentenza

no. 1163 · Tribunale — Perugia
An arbitration clause contained in a contract relating to a specific phase of a structured project does not automatically extend to contractual relationships concerning other phases of the same project,…
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sentenza

no. 4654 · Tribunale — Catania
Late appearance in proceedings results in the forfeiture of the right to raise the arbitration clause, as this constitutes an exception in the strict sense subject to procedural time limits…
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sentenza

no. 3291 · Tribunale — Bari
The enforceability of an arbitral award is limited to the parties to the arbitral proceedings and cannot be invoked against third parties who are strangers to the substantive and procedural…
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