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. 3883 · Tribunale — Salerno
The articles of incorporation or the bylaws of an association cannot prohibit recourse to judicial authority against an exclusion decision, as any preventive waiver by the member in this regard…
sentenza

no. 664 · Tribunale — Udine
The arbitration clause maintains its efficacy and autonomy with respect to the contract to which it refers even after contractual withdrawal, extending to restitutionary disputes arising from the performance or…
sentenza

no. 4591 · Tribunale — Venezia
A statutory arbitration clause that extends the jurisdiction of the arbitral tribunal to disputes brought by directors against the company concerning available rights relating to the corporate relationship determines the…
sentenza

no. 2534 · Tribunale — Bologna
The arbitration clause included in the articles of association does not apply to liability actions brought by the bankruptcy trustee, both because such action combines corporate liability actions and creditors'…
ordinanza

Tribunale — L'aquila
The appointment of the chairman of the arbitral tribunal by the President of the Court pursuant to art. 810 of the Code of Civil Procedure presupposes the existence of a…
sentenza

no. 5508 · Corte di Appello — Roma
In the interpretation of an arbitration clause aimed at determining whether the arbitration is institutional or contractual, the conferment upon arbitrators of the power to decide as amiable compositeurs is…
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…
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…
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…
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…