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. 1048 · Corte di Appello — Bari
An arbitration award is null when there is applied an arbitration clause inserted in the company's articles of association subsequent to the facts which are the object of the dispute,…
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sentenza

no. 3330 · Tribunale — Catania
The inclusion of an arbitration clause in public contracts relating to works, services, supplies, design competitions and competitions of ideas, without prior reasoned authorisation from the governing body of the…
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sentenza

no. 818 · Corte di Appello — Genova
In contractual arbitration (arbitrato irrituale), the resolution of the dispute takes place by purely contractual means, inasmuch as the parties entrust to the arbitrators the task of arriving at such…
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sentenza

no. 3170 · Tribunale — Torino
An arbitration clause contained in condominium regulations which establishes arbitral jurisdiction for disputes concerning the building or the regulations must be interpreted, in the absence of contrary intention, as encompassing…
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sentenza

no. 263 · Corte di Appello — Messina
Unlike arbitration, which is of a jurisdictional nature and substitutes for the function of the ordinary judge, the submission of a dispute to contractual arbitrators (arbitrato irrituale) is configured as…
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sentenza

no. 546 · Corte di Appello — Messina
When, during the proceedings for challenging an arbitration award, the judicial liquidation of the challenging party is opened, it falls to the appointed curator to continue the same proceedings, and…
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sentenza

no. 1948 · Corte di Appello — Milano
Article 813-ter of the Code of Civil Procedure governs the action for liability against arbitrators following annulment of the award for facts imputable to them, but does not affect, either…
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sentenza

no. 2881 · Tribunale — Salerno
The applicability of Article 1341 of the Civil Code to arbitration clauses postulates the existence of general contract conditions, which imply unilateral elaboration of the contractual scheme by the predisposer…
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ordinanza

Tribunale — Avezzano
Inadmissible is the cautionary application during proceedings for suspension of corporate deliberation proposed within merit proceedings instituted before the State Judge when the merit dispute is pacifically devolved to arbitral…
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sentenza

no. 379 · Tribunale — Fermo
The ordinary judge is always competent to issue an injunctive decree notwithstanding the existence of arbitration clause provided in the contract from which the credit relationship deduced in judgment originates,…
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sentenza

no. 382 · Tribunale — Fermo
The right to receive payment of fees arises for arbitrators by the sole fact of having effectively performed the task conferred upon them, irrespective of the validity or otherwise of…
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sentenza

no. 4100 · Corte di Appello — Roma
An arbitration clause contained in a public procurement contract concluded before the entry into force of Law N. 190 of 6 November 2012, whilst remaining valid, is struck by supervening…
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