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

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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sentenza

no. 256 · Tribunale
A contractual arbitration clause (arbitrato irrituale) contained in a contract operates also in respect of claims formally characterised as founded on extra-contractual tort, where the resolution of the dispute necessarily…
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ordinanza

no. 21213 · Cassazione
An arbitration clause contained in a specific contract does not extend the derogation from the jurisdiction of the ordinary courts and the reference to arbitrators to disputes relating to other…
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sentenza

no. 454 · Tribunale — Fermo
The registration tax due for the decree granting enforceability to an arbitral award constitutes the subject matter of a joint and several obligation borne by all parties to the arbitral…
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sentenza

no. 627 · Tribunale — Grosseto
An arbitration clause, in the absence of express contrary intention, must be interpreted as conferring arbitral jurisdiction over all disputes relating to claims having their causa petendi (legal basis) in…
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ordinanza

Tribunale — Palermo
The presence of an arbitration clause precludes recourse to preliminary technical assessment for the purposes of dispute resolution pursuant to Article 696-bis of the Code of Civil Procedure before the…
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sentenza

no. 2297 · Tribunale
In arbitration proceedings, joint and several liability established in the award for payment of the court-appointed technical expert's fees enables the professional to proceed by way of decreto ingiuntivo (summary…
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sentenza

no. 7377 · Tribunale — Napoli
Third-party opposition pursuant to Article 404, paragraph 1, of the Code of Civil Procedure, as referred to by Article 831, paragraph 3, of the Code of Civil Procedure in arbitral…
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