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. 2789 · Tribunale — Salerno
The arbitration clause inserted in the articles of association alone of a cooperative company is not suitable to establish arbitral jurisdiction for disputes between the cooperative and subjects who have…
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sentenza

no. 2762 · Tribunale — Salerno
Following the reform of arbitration operated by Legislative Decree 2 February 2006 N. 40, Article 819-ter of the Code of Civil Procedure expressly defines in terms of "jurisdiction" the question…
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ordinanza

no. 16635 · Cassazione
In proceedings to challenge an arbitral award, the subject matter is not the ascertainment of facts, which belongs exclusively to the arbitrators, but the verification of the legitimacy of the…
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sentenza

no. 771 · Corte di Appello — Genova
For the purpose of identifying the discipline applicable to arbitration, reference must be made to the date of subscription of the arbitral clause, Article 829 of the Code of Civil…
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sentenza

no. 172 · Tribunale — Gorizia
The arbitration clause inserted in contracts stipulated between professional and consumer is subject to the presumption of unfairness pursuant to Article 33, paragraph 2, of Legislative Decree 6 September 2005…
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sentenza

no. 640 · Corte di Appello — Catanzaro
The possibility for public administration to avail itself of contractual arbitration (arbitrato irrituale) is precluded, with consequent nullity of the relative arbitration clause having as its object matter not capable…
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sentenza

no. 1229 · Tribunale — Foggia
Arbitral jurisdiction deriving from the arbitration clause is not exhausted in disputes having as their object the literal execution of the contract or the primary obligations of the parties but…
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sentenza

no. 638 · 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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