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. 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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sentenza

no. 2425 · Tribunale — Bologna
A general acceptance clause of contractual provisions ("all provisions contained in the preceding articles have been defined and accepted by the parties in adversarial proceedings") is equivalent to the specific…
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ordinanza

Tribunale — Foggia
The arbitral award duly rendered by the arbitrator is susceptible to a declaration of enforceability by the competent court, following verification of the formal regularity of the instrument, pursuant to…
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sentenza

no. 711 · Tribunale — Livorno
The objection based on an arbitration agreement constitutes a strict exception not raisable ex officio, subject to procedural preclusion where not raised within the time limits prescribed by the applicable…
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ordinanza

Tribunale — Napoli
The right of information and control of a non-managing member of a limited liability company, governed by Article 2476, paragraph 2 of the Civil Code, may be lawfully exercised even…
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sentenza

no. 4541 · Tribunale — Venezia
An agreement for contractual arbitration (arbitrato irrituale) renders a claim inadmissible where the opposing party properly raises the relevant objection, unlike institutional arbitration which determines the incompetence of the ordinary…
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sentenza

no. 8396 · Tribunale — Napoli
The mere participation of a person in arbitration proceedings on behalf of an insurance company is not sufficient to demonstrate the existence of general representative powers in relations with third…
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sentenza

no. 5413 · Corte di Appello — Roma
In proceedings for the challenge of an arbitral award, the rules on discontinuance of proceedings provided for first instance proceedings before the court apply, so that the proceedings are discontinued…
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