Italian Arbitration Case Law

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

3,666 catalogued decisions

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Italian Arbitration Case Law

sentenza

no. 2676 · Corte di Appello — Venezia
Arbitrators authorized to decide according to equity (arbitri autorizzati a decidere secondo equità) may legitimately resolve the dispute by applying rules of law when they consider that in the case…
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ordinanza

no. 21882 · Cassazione
Following the judgment of the Constitutional Court No. 223/2013, which declared the constitutional illegitimacy of Article 819-ter, paragraph 2, of the Code of Civil Procedure insofar as it excluded the…
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sentenza

no. 836 · Corte di Appello — Catanzaro
Contractual arbitration (arbitrato irrituale) is incompatible with the public character of a contracting party, inasmuch as it entails the delegation to third parties of the formation of the contractual will…
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sentenza

no. 1125 · Tribunale — Brindisi
An institutional arbitration award possesses the nature of a judicial determination and constitutes a contractual derogation from the jurisdiction of the ordinary judge, producing from the date of its final…
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ordinanza

no. 21657 · Cassazione
An arbitration clause providing for the reference of a dispute to a foreign arbitrator is void when the case concerns non-waivable rights, which include the rights of a commercial agent…
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sentenza

no. 11390 · Tribunale — Roma
An arbitration clause (clausola compromissoria) contained in a preliminary contract for the sale of immovable property survives its non-reproduction in the final contract, being an autonomous agreement having effects in…
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sentenza

no. 1112 · Corte di Appello — Catania
The validity of an arbitration clause is subject to the specific written approval required by Article 1341 of the Civil Code solely when it is incorporated into contracts containing general…
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sentenza

no. 1186 · Tribunale — Vicenza
An objection to jurisdiction based on the presence of an arbitration clause is preliminary in nature and, if upheld, results in a declaration that the ordinary court lacks jurisdiction in…
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ordinanza

no. 21130 · Cassazione
In matters concerning the recognition of foreign arbitral awards, the assessment of incompatibility with public policy must be interpreted restrictively, being limited to the fundamental and mandatory norms of the…
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ordinanza

no. 21176 · Cassazione
An application for revocation of Court of Cassation judgments ordering remittal is admissible where the alleged revocatory error concerns a procedural defect arising from an error of fact, where the…
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