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. 2974 · Corte di Appello — Napoli
The application of equitable criteria in liquidation of damages under Article 1226 of the Civil Code by an arbitral tribunal does not transform an award pronounced "according to law" into…
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sentenza

no. 2256 · Tribunale — Bari
Disputes between shareholders and companies concerning available rights of the shareholder are arbitrable when the company's articles contain an appropriate arbitration clause, even if relating to the challenge of assembly…
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sentenza

no. 1852 · Corte di Appello — Milano
The circumstance that a dispute relating to the transfer of shareholdings may affect the rights that the articles of association attribute to shareholders is not sufficient to bring it within…
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sentenza

no. 202 · Tribunale — Enna
A statutory arbitration clause that submits to arbitration disputes relating to the corporate relationship does not apply to disputes concerning payment of consideration for contractual services rendered to the shareholder,…
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sentenza

no. 903 · Tribunale — Padova
The provision for direct payment of the subcontractor by the contracting authority under Article 105(13) of Legislative Decree 50/2016 does not exclude the operation of the arbitration clause contained in…
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sentenza

no. 890 · Tribunale — Ragusa
The inadmissibility of a claim by reason of an arbitration clause submitting the dispute to informal arbitration is not detectable ex officio, but only upon exception by the interested party,…
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sentenza

no. 2897 · Tribunale — Venezia
The presence of an arbitration clause does not prevent requesting and obtaining from ordinary courts a payment order for debts arising from contract, whilst preserving the respondent's right to raise…
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ordinanza

Tribunale — La Spezia
Summary proceedings under Article 665 of the Code of Civil Procedure, by reason of their nature, do not fall within the ambit of claims submitted to arbitral tribunals and remain…
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sentenza

no. 184 · Tribunale — Lanciano
The presence of an arbitration clause does not prevent the issue of a payment order by ordinary courts, given that arbitral procedure does not contemplate the issue of summary payment…
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sentenza

no. 1097 · Tribunale — Messina
The bringing of a claim in summary payment proceedings does not constitute definitive waiver of the arbitration clause for other disputes, the waiver remaining limited to the specific dispute which…
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