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. 1649 · Tribunale — Catanzaro
A contractual clause providing for the resolution of disputes through a "fair amicable settlement" by means of mediation by a third party constitutes an arbitration clause, at least in the…
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ordinanza

Tribunale — Milano
In proceedings for challenge of an arbitrator pursuant to Article 815 of the Code of Civil Procedure, the challenging party bears the burden of proving the facts underlying the challenge,…
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ordinanza

no. 20307 · Cassazione
In institutional arbitration, the rules governing extensions of time for filing the award as provided by the arbitral institution's regulations do not exclude the application of automatic extension provisions under…
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sentenza

no. 1624 · Tribunale — Catanzaro
The arbitrability of disputes is the rule, whilst non-arbitrability constitutes the exception pursuant to Article 806 of the Code of Civil Procedure. Non-arbitrability occurs when the dispute has as its…
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sentenza

no. 5894 · Tribunale — Milano
A preliminary objection based on an arbitration clause timely raised in opposition to an injunctive decree, when the arbitration is of a regular nature, constitutes a question of jurisdiction pursuant…
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sentenza

no. 1080 · Tribunale — Vercelli
The objection based on an arbitration agreement in regular arbitration has a procedural character and constitutes a question of jurisdiction pursuant to Article 819-ter of the Code of Civil Procedure.…
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sentenza

no. 2187 · Corte di Appello — Milano
The validity of an arbitration clause which derogates from Italian jurisdiction in favour of foreign arbitrators must be evaluated according to the law chosen by the parties to govern the…
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