Italian Arbitration Case Law

Decisions, rulings and awards of Italian State courts and arbitral tribunals, with headnotes.

3,692 catalogued decisions

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Italian Arbitration Case Law

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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sentenza

no. 508 · Tribunale — Trento
Arbitral clauses contained in condominium regulations find application limited to disputes connected with interpretation and application of the regulations themselves, not extending to questions regarding challenge of assembly deliberations which…
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sentenza

no. 58 · Corte di Appello — Napoli
The failure to resume proceedings following a declaration of incompetence by the ordinary court in favour of the arbitrator, pursuant to Article 819-quater of the Code of Civil Procedure, determines…
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sentenza

no. 1248 · Tribunale — Latina
Being a clause bearing derogation from the general actionability of subjective right positions before ordinary jurisdiction, it is necessary that the arbitration clause be drafted in a precise and unambiguous…
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ordinanza

Tribunale — Napoli
The value of the dispute, relevant for purposes of liquidation of compensation due to arbitrators, is determined a priori on the basis of the petitum, without the ruling issued by…
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sentenza

no. 815 · Tribunale — Perugia
The existence of an arbitration clause is not an obstacle to the request and consequent issue of an injunctive decree, subject to the respondent's faculty to raise the existence of…
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sentenza

no. 1907 · Corte di Appello — Milano
Challenge of an award for nullity has the character of limited challenge, since it is admitted only to assert errores in iudicando and errores in procedendo within the confines laid…
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sentenza

no. 1141 · Tribunale — Cosenza
The criterion for deferability to arbitral judgment of corporate disputes is given by the nature of the rights exercised, according to whether they are or are not available to the…
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ordinanza

Tribunale — Bologna
Article 838-ter of the Code of Civil Procedure, which attributes to arbitrators cautionary power in disputes devolved to arbitration concerning the validity of assembly deliberations, does not apply ratione materiae…
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sentenza

no. 5227 · Tribunale — Milano
Pursuant to Article 808-quater of the Code of Civil Procedure, the arbitration agreement must be interpreted, in doubt, in the sense that the jurisdiction of arbitrators is extended to all…
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