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. 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…
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…
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…
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,…
sentenza

no. 4418 · Corte di Appello — Napoli
In proceedings for challenging the nullity of an arbitral award, the rule of specificity in formulating grounds prescribed for cassation appeals applies, in consideration of the rescissory nature of such…
sentenza

no. 3279 · Tribunale — Bari
Contractual arbitration (arbitrato irrituale), characterised by the parties' waiver of ordinary jurisdiction in favour of a contractual resolution of disputes, renders judicial proceedings inadmissible where provided for by a binding…
ordinanza

no. 25977 · Cassazione
An arbitration clause contained in condominium regulations or multi-ownership regulations unilaterally drafted by the builder-seller and referenced in a sale and purchase agreement concluded between a professional and a consumer…
ordinanza

Tribunale — Terni
An arbitration clause that does not contain the appointment of arbitrators but establishes their number and the method of appointment is valid and effective pursuant to article 809, paragraph 2,…
sentenza

no. 3000 · Tribunale — Firenze
An arbitration clause that refers disputes between the contracting parties to arbitral jurisdiction does not extend to disputes where the defendant is a third party not bound by the contract…