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

sentenza

no. 12137 · Tribunale — Roma
Article 808-ter of the Code of Civil Procedure, which governs the grounds for challenging contractual arbitration awards (arbitrato irrituale), applies exclusively to arbitration agreements entered into after the entry into…
ordinanza

Tribunale — Venezia
Even where arbitration proceedings are pending, the state court retains jurisdiction to appoint a protector (curatore speciale) to a party whose representative is in a position of conflict of interest.
ordinanza

no. 24391 · Cassazione
In matters concerning the relationship between arbitrator and ordinary judge, following the ruling of partial unconstitutionality of article 819-ter of the Code of Civil Procedure, the principle of *translatio iudicii*…
sentenza

no. 714 · Tribunale — Como
The objection of lack of jurisdiction on grounds of arbitration constitutes a preliminary issue which must be examined as a matter of priority over cessation of the subject matter of…
sentenza

no. 12054 · Tribunale — Roma
An arbitration clause does not preclude the ordinary court from issuing a payment order (decreto ingiuntivo), since the lack of ordinary jurisdiction relates to the adjudication of disputes that presuppose…
ordinanza

no. 22370 · Cassazione
A non-final arbitral award that merely rejects preliminary or procedural objections without partially deciding the merits of the dispute is not immediately subject to challenge under Article 827, paragraph 3,…
sentenza

no. 2717 · Corte di Appello — Venezia
The assignee of a claim arising from a contract containing an arbitration clause does not acquire title to the distinct and autonomous arbitration agreement and cannot invoke said clause against…
sentenza

no. 712 · Tribunale — Reggio Emilia
The power of attorney granted by a party to counsel for institutional arbitration proceedings is equivalent to that issued for ordinary civil proceedings and confers upon such counsel the ius…
sentenza

no. 2785 · Tribunale — Firenze
An objection to jurisdiction based on the existence of an arbitration clause for institutional arbitration must be raised promptly in the first statement of defence pursuant to Article 819-ter of…
ordinanza

Tribunale — Napoli
An arbitration clause contained in the articles of association, which provides for the referral to arbitrators of disputes connected to the corporate contract, extends to disputes concerning a member's withdrawal…