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

ordinanza

Corte di Appello — Brescia
When the parties confer the power of appointment of arbitrators upon the Judicial Authority through contractual clause, the latter is invested with such power not directly by law but by…
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sentenza

no. 757 · Corte di Appello — Catanzaro
An arbitration clause presents a dual limitation: one on the subjective plane, concerning only disputes arisen between the subscribing parties specifically indicated, and the other on the objective plane, relating…
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sentenza

no. 3530 · Tribunale — Catania
The attributive effect of cognizance to arbitrators, proper to the compromissory agreement or the arbitration clause, is paralysed by the prevailing effect, produced by bankruptcy or the opening of extraordinary…
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sentenza

no. 615 · Tribunale — Como
In the absence of proof that the contract containing the arbitration clause was subscribed by the person against whom it is intended to invoke that clause, in the face of…
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sentenza

no. 493 · Tribunale — Lucca
The ordinary judicial authority lacks jurisdiction when the dispute falls within the scope of application of arbitration clauses contained in the articles of association of an entity, with consequent inadmissibility…
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sentenza

no. 947 · Corte di Appello — Ancona
An objection relating to a contractual arbitration clause (arbitrato irrituale) pertains to the merits, inasmuch as the arbitral pronouncement is of a contractual and not jurisdictional nature, and the arbitration…
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sentenza

no. 377 · Tribunale — Asti
In the event of the succession of extraordinary administration proceedings in a contract containing an arbitration clause, that clause remains effective in the relationships between the parties, it not being…
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ordinanza

Tribunale — Brescia
Jurisdiction for the appointment of a special guardian pursuant to Articles 78 et seq. of the Code of Civil Procedure belongs to the ordinary court even when arbitral proceedings are…
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sentenza

no. 5703 · Tribunale — Milano
Contestation regarding the very conclusion and existence of a particular written contract containing an arbitration clause does not cause the special jurisdiction of the arbitrators to fall away when the…
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sentenza

no. 1484 · Tribunale — Catanzaro
An objection relating to contractual arbitration (arbitrato irrituale) does not raise a question of jurisdiction of the judicial authority but contests the admissibility of the claim on the ground that…
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sentenza

no. 2251 · Tribunale — Nocera Inferiore
An arbitration clause which does not provide, failing to conform to the prescription of Article 34 of Legislative Decree 5/2003, that the nomination of the arbitrators must be effected by…
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