Italian Arbitration Case Law

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

3,692 catalogued decisions

Search Case Law

Italian Arbitration Case Law

sentenza

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,…
Read more
sentenza

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…
Read more
sentenza

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…
Read more
sentenza

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…
Read more
sentenza

no. 202 · Corte di Appello — Campobasso
A decision by the ordinary court affirming or denying the existence or validity of contractual arbitration (arbitrato irrituale) is not susceptible to challenge by way of jurisdictional regulation, since the…
Read more
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…
Read more
sentenza

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…
Read more
sentenza

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…
Read more
sentenza

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…
Read more
sentenza

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…
Read more