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. 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. 892 · Corte di Appello — Genova
The judgment by which the judge denies his own jurisdiction in application of an arbitration clause is appealable exclusively by means of necessary reference on jurisdiction pursuant to Article 42…
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ordinanza

no. 19610 · Cassazione
In matters of arbitration, the exception relating to the existence of an arbitration clause is procedural in nature and constitutes a question of jurisdiction which is not of a mandatory…
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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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ordinanza

no. 19724 · Cassazione
The procedure for determining fair compensation for employee inventions, governed by Article 64, paragraphs 4 and 5, of the Industrial Property Code (c.p.i.), constitutes arbitration and not contractual determination pursuant…
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sentenza

no. 218 · Corte di Appello — Trieste
Arbitration clauses in contracts between professional and consumer are presumed unfair pursuant to Article 33, paragraph 2, letter t), of Legislative Decree 206/2005, consisting as they do in a derogation…
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sentenza

no. 192 · Tribunale — Gorizia
An agreement for prorogation of jurisdictional competence, including arbitration clauses, exerts efficacy also in respect of persons who are assignees of the credit who have succeeded to the position of…
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sentenza

no. 3512 · Tribunale — Torino
The vis attractiva of the arbitration clause operates in respect of all disputes which have their own causa petendi in the contract containing said clause, with the exclusion of those…
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sentenza

no. 2508 · Tribunale — Firenze
An arbitration clause which devolves to arbitrators disputes connected with the corporate contract must be deemed extended also to the dispute concerning the withdrawal of a shareholder from the company…
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sentenza

no. 5909 · Tribunale — Milano
Where the company and the directors have submitted to arbitration every dispute relating to the liability of the latter, the derogation from ordinary jurisdiction and any arbitral award are opposable…
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sentenza

no. 5924 · Tribunale — Milano
A corporate action for liability exercised by the bankruptcy liquidator pursuant to Article 146 of the Bankruptcy Law, being pursued for the protection of the corporate patrimony and drawing its…
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