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. 1362 · Tribunale — Monza
The simultaneous raising of the objection based on an arbitration agreement and a counterclaim does not imply waiver of the objection formulated, since the examination of the counterclaim is ontologically…
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ordinanza

Tribunale — Milano
In the presence of an arbitration clause, an application for interim measures is made to the court which would have had jurisdiction to hear the merits, pursuant to Article 669-quinquies…
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sentenza

no. 350 · Tribunale — Massa
The ordinary court always has jurisdiction to issue an injunctive decree notwithstanding the existence of an arbitration clause provided in the contract from which the credit relationship originates, since the…
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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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