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

ordinanza

Tribunale — Vicenza
An arbitral award rendered by an arbitral tribunal must be signed by all arbitrators comprising the tribunal, as the absence of such signature constitutes a formal defect that compromises both…
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sentenza

no. 1077 · Corte di Appello — Ancona
In corporate arbitration, where the parties confer the power to appoint arbitrators upon the President of the Court, the relationship between the ordinary division and the specialised commercial division of…
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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*…
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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…
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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.
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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…
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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…
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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,…
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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…
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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…
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