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. 3143 · Tribunale — Salerno
The presence of an arbitration clause does not prevent requesting and obtaining from the ordinary court an injunctive decree for the credit arising from the contract, the right remaining to…
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sentenza

no. 3470 · Tribunale — Torino
Disputes in corporate matters may form the object of arbitral compromise, with the exclusion of those which have as their object interests of the company or which concern the violation…
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sentenza

no. 3571 · Tribunale — Catania
In the presence of an arbitration clause for foreign arbitration, the objection based on the arbitration agreement, given the jurisdictional and substitutive nature of the function of the ordinary court…
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sentenza

no. 2499 · Tribunale — Firenze
An objection based on an arbitration agreement relating to a clause for regular arbitration pertains to jurisdiction, since the activity of regular arbitrators must be recognised as having jurisdictional nature…
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sentenza

no. 886 · Corte di Appello — Genova
An arbitration clause contained in general conditions of contract is not subject to the regime of Article 1341, paragraph 2, of the Civil Code when the contract is not qualifiable…
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sentenza

no. 1454 · Tribunale — Potenza
An arbitration clause in companies must provide for the number and manner of nomination of the arbitrators, conferring in any event, under penalty of nullity pursuant to Article 838-bis of…
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sentenza

no. 4490 · Corte di Appello — Roma
Challenge of an arbitration award does not constitute a common appeal against the decision taken by the arbitrators, being limited to ascertainment of the causes of nullity provided for by…
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ordinanza

Tribunale — Ravenna
The devolution of a dispute to contractual arbitrators (arbitri irrituali) is configured as a renunciation of the jurisdiction of the State through the choice of a resolution of the dispute…
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sentenza

no. 1530 · Tribunale — Potenza
The interpretation of an arbitration clause must be conducted according to the criteria of good faith and the common intention of the parties pursuant to Article 1362 of the Civil…
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ordinanza

no. 19248 · Cassazione
A disciplinary measure issued by an association ordering the forfeiture of membership for breach of statutory provisions does not constitute an arbitral award within the meaning of article 808 of…
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ordinanza

no. 19277 · Cassazione
Proceedings for the annulment of an arbitral award constitute proceedings subject to limited grounds of challenge, which may only be brought for specific procedural errors (errores in procedendo) expressly provided…
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sentenza

no. 673 · Tribunale — Paola
The inadmissibility of a claim due to the provision of an arbitration clause for contractual arbitration (arbitrato irrituale) is ascertainable only upon objection by the interested party and not ex…
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