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. 413 · Tribunale — Macerata
A statutory arbitration clause, whilst valid and capable of conferring exclusive jurisdiction on arbitration in disputes between shareholders and the company to the exclusion of the ordinary judicial authority, cannot…
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no. 979 · Corte di Appello — Bologna
An action for restitution of undue payment under Article 2033 of the Civil Code has contractual nature, being founded on the non-existence of the obligation performed by one party, and…
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no. 984 · Corte di Appello — Bologna
Annulment of an arbitral award determines the cessation of conditions for set-off operated on the basis of the credit recognised therein, and subsequent cassation with remand of the annulment judgment…
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no. 1586 · Corte di Appello — Milano
Challenge of an award under Article 829 of the Code of Civil Procedure is admitted solely to assert errors in law (errores in iudicando) and procedural errors (errores in procedendo),…
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no. 459 · Tribunale — Grosseto
A party who, despite having agreed to an arbitration clause, proceeds before the ordinary courts by joining a third party who is subject to the same arbitration clause, must bear…
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no. 687 · Corte di Appello — Genova
The provision of Article 817(2), second paragraph, of the Code of Civil Procedure does not merely preclude ex officio detection of non-arbitrability when the dispute concerns non-waivable rights or where…
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no. 2785 · Corte di Appello
An arbitration clause contained in a company's articles is not applicable when the company has been struck from the company register, since the entity with whom the arbitration agreement subsists…
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no. 2304 · Tribunale — Brescia
An arbitration clause for formal arbitration included amongst general terms and conditions unilaterally drafted constitutes an unfair contract term and, as such, requires specific written approval pursuant to Article 1341(2)…
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no. 5499 · Tribunale — Napoli
There is no possibility of converting a void arbitration clause from an intra-corporate arbitration clause to a common law arbitration clause, since Article 34 of Legislative Decree 5/2003 aims to…
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no. 1710 · Tribunale — Nola
An arbitration clause inserted in a public contract is void when it has not been preceded by the required prior authorisation from the governing body of the administration, as provided…
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