Italian Arbitration Case Law

Decisions, rulings and awards of Italian State courts and arbitral tribunals, with headnotes.

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Italian Arbitration Case Law

ordinanza

no. 25875 · Cassazione
A declaration of *lis pendens* in an arbitral award regarding claims already subject to ordinary court proceedings does not constitute nullity of the award under article 829 of the Code…
ordinanza

Tribunale — Cagliari
In matters concerning the recognition and enforcement of foreign arbitral awards, when a foreign branch of an Italian company, despite lacking autonomous legal personality under the law of the place…
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,…
ordinanza

Tribunale — Ravenna
The presence of a contractual arbitration (arbitrato irrituale) clause does not preclude the availability of interim proceedings under art. 700 of the Code of Civil Procedure before the ordinary court,…
ordinanza

Tribunale — Roma
The presence of an arbitration clause excludes the admissibility of an application under art. 696-bis of the Code of Civil Procedure for preventive technical expert evidence, as such institute, not…
sentenza

no. 3241 · Tribunale — Napoli Nord
A clause in an insurance contract providing for the delegation to two experts, appointed by the parties, of the assessment of damages constitutes a contractual expert determination and not arbitration,…
ordinanza

Tribunale — Napoli
The reiteration of an application for suspension of the executory effect of an arbitral award, already rejected, is admissible under Article 283, paragraph 2, of the Code of Civil Procedure…
sentenza

no. 2732 · Tribunale — Nocera Inferiore
The classification of arbitration as institutional or contractual depends on the will of the parties as expressed in the arbitration agreement. When the parties have unambiguously defined the arbitration as…
sentenza

no. 4051 · Tribunale — Torino
An arbitration clause contained in a contract maintains its binding effect even with respect to disputes arising from subsequent agreements which, whilst not expressly reproducing the arbitration clause, constitute mere…