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. 632 · Corte di Appello — Catanzaro
The distinguishing criterion between regular arbitration and contractual arbitration (arbitrato irrituale) consists in the fact that in regular arbitration the parties seek the pronouncement of an award capable of being…
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no. 2162 · Corte di Appello — Venezia
The presumption that arbitration clauses contained in contracts subject to consumer protection regulation are unfair may be overcome by the professional demonstrating that the introduction of such clauses was the…
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no. 727 · Tribunale — Parma
The arbitration clause must be drafted in writing on pain of nullity only when the arbitration concerns disputes relating to legal relationships for which written form is required ad substantiam,…
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no. 1062 · Tribunale — Cosenza
The presence of an arbitration clause does not prevent the creditor from requesting and obtaining from the ordinary judge an injunctive decree for credit arising from the contract, without prejudice…
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no. 690 · Tribunale — Patti
The failure to propose an application for verification by one who produces a disavowed document containing an arbitration clause, like subsequent waiver thereof, depriving the disavowed document of any probative…
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no. 496 · Tribunale — Rovigo
The arbitration clause contained in the articles of association of a subject declared bankrupt is applicable to proceedings initiated by the trustee to assert rights pre-existing the insolvency procedure, unlike…
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no. 4948 · Tribunale — Milano
Acceptance of the self-assessment of arbitral fees pursuant to Article 814 of the Code of Civil Procedure may be either express or implied, and when the parties render explicit declaration…
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no. 4913 · Tribunale — Milano
Disputes between shareholders relating to expenses pertaining to the corporate relationship fall within the scope of application of the statutory arbitration clause when they derive from and depend upon it…
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no. 6042 · Tribunale — Napoli
An arbitration clause which expressly provides for recourse to contractual arbitration (arbitrato irrituale) does not raise a question of jurisdiction in the technical sense, but rather pertains to the profile…
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no. 922 · Tribunale — Ragusa
The arbitration exception (exceptio compromissi) has a procedural character and constitutes a question of jurisdiction, therefore it must be raised, on pain of forfeiture, in the first defensive pleading of…
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