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

Tribunale — Palermo
In matters of corporate arbitration, the power of arbitrators to issue interim measures must be expressly conferred by the parties either through the arbitration agreement or by written instrument prior…
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sentenza

no. 1226 · Corte di Appello — Palermo
The annulment of a contractual arbitration (arbitrato irrituale) award for excess of jurisdiction beyond the limits of the arbitration clause, pursuant to Article 808-ter, paragraph 2, n. 1, of the…
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ordinanza

no. 23444 · Cassazione
In cases of disputes concerning the fees of arbitrators who have proceeded to self-assessment, there is no requirement for necessary joinder between the different members of the arbitral tribunal, since…
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ordinanza

no. 23483 · Cassazione
The right of arbitrators to compensation subsists even in cases where the arbitral award is declared null and void, and may only be excluded in circumstances where the award is…
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ordinanza

Tribunale — Siracusa
An arbitration clause providing for institutional arbitration, by conferring upon the arbitrator a mandate to exercise a function of a jurisdictional nature, gives rise to a lack of jurisdiction of…
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ordinanza

no. 23484 · Cassazione
The cessation of the matter in dispute (*cessazione della materia del contendere*) in proceedings for the determination of arbitrators' fees presupposes that all parties mutually acknowledge the supervening change in…
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ordinanza

no. 23495 · Cassazione
An arbitral award is null and void when it has been rendered in violation of mandatory rules governing the validity of acts of public administration, such nullity resulting in the…
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ordinanza

Corte di Appello
Each arbitrator has standing to apply to the President of the Court for the assessment of their own fees pursuant to Article 814, paragraph 2, of the Code of Civil…
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sentenza

no. 415 · Tribunale — Novara
A clause providing for the non-appealability of a contractual arbitration award (arbitrato irrituale) does not preclude challenge on grounds of defects that may affect contractual intention, including breach of an…
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ordinanza

Corte di Appello
The revival of an arbitral award, consequent upon the quashing of the judgment which had declared its nullity, entails the complete restoration of all effects of the arbitral title, including…
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