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. 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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sentenza

no. 4806 · Tribunale — Milano
Not arbitrable is a dispute concerning the challenge of a resolution approving company accounts for lack of requirements of truth, clarity and precision, since the rules directed at guaranteeing clarity…
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sentenza

no. 2111 · Corte di Appello — Venezia
Challenge proceedings for arbitral awards under Article 827 of the Code of Civil Procedure do not constitute appeal proceedings and do not permit reform of arbitrators' decisions, but exclusively declaration…
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ordinanza

Tribunale — Trento
The requirement for specific written approval of arbitration clauses for regular arbitration pursuant to Article 1341, paragraph 2, of the Civil Code applies when such clause is inserted within general…
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ordinanza

Corte di Appello — Torino
The requirements for suspending the executory effect of an arbitral award under Article 830 of the Code of Civil Procedure are, alternatively, either the manifest well-foundedness of the challenge brought…
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ordinanza

Corte di Appello — Roma
Absent express contrary intention, an arbitration clause must be interpreted as ascribing to arbitral jurisdiction all disputes that refer to claims having their causa petendi in the contract to which…
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sentenza

no. 1086 · Tribunale — Ancona
The existence of an arbitration clause does not exclude the jurisdiction of ordinary courts to issue a payment order, given that arbitral procedure does not contemplate the issue of ex…
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sentenza

no. 1518 · Tribunale — Bologna
An arbitration clause does not require specific approval under Article 1341 of the Civil Code when it does not concern standard forms or contracts of unilateral drafting, even in the…
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sentenza

no. 1108 · Corte di Appello — Firenze
Challenge of an arbitral award for contradiction proves unfounded when the reasoning is coherent with the operative part and the arbitrator correctly applies legal principles to contractual agreements invoked by…
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sentenza

no. 1855 · Corte di Appello — Milano
An arbitration clause that devolves to arbitrators disputes "concerning the interpretation, application and execution of the agreement" extends to disputes that, whilst being formally qualified as extra-contractual, necessarily concern the…
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