Italian Arbitration Case Law

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

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Italian Arbitration Case Law

sentenza

no. 5703 · Tribunale — Napoli
The presence of an arbitration clause does not prevent the issue of a payment order by ordinary courts, whilst preserving the respondent's right to raise arbitral jurisdiction in opposition proceedings,…
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sentenza

no. 705 · Corte di Appello — Genova
Declaration of lack of jurisdiction by ordinary courts for the presence of a valid arbitration clause may be challenged only by jurisdictional regulation, rendering inadmissible any appeal against such pronouncement.…
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ordinanza

no. 15134 · Cassazione
In arbitration clauses that refer all disputes to arbitral jurisdiction with express reservation to ordinary jurisdiction of those relating to breach of contractual obligations, disputes concerning reduction of consideration aimed…
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sentenza

no. 490 · Tribunale — Como
An arbitration clause providing for informal arbitration is valid and effective without need for specific written approval under Article 1341(2) of the Civil Code, both because such provision applies exclusively…
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sentenza

no. 4624 · Tribunale — Milano
The validity of an arbitration clause must be evaluated autonomously from the contract to which it refers, according to Article 808 of the Code of Civil Procedure, and the power…
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sentenza

no. 4631 · Tribunale — Milano
Incorporation by reference (rinvio per relationem) of an arbitration clause contained in another contract is valid when it is express and specific, making reference to the contract of origin, the…
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sentenza

no. 703 · Corte di Appello — Genova
Challenge of an arbitral award for violation of rules of law on the merits of the dispute is not admissible when arbitral proceedings were commenced based on an arbitration clause…
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sentenza

no. 3487 · Corte di Appello — Roma
Compliance with formal requirements for presentation of applications for enforcement of foreign arbitral awards, prescribed by Article 839 of the Code of Civil Procedure and Article 4 of the New…
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sentenza

no. 3550 · Corte di Appello — Roma
Procedural conduct incompatible with the will to apply an arbitration clause, such as failure to activate the arbitral tribunal for disputes falling within the scope of application of the arbitration…
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ordinanza

no. 15095 · Cassazione
An arbitration clause providing for informal arbitration does not require specific written approval pursuant to Articles 1341 and 1342 of the Civil Code, unlike a clause establishing formal arbitration. The…
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sentenza

no. 696 · Tribunale — Civitavecchia
The existence of an arbitration clause does not exclude the jurisdiction of ordinary courts to issue a payment order (decreto ingiuntivo - a summary procedure for undisputed debts), given that…
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sentenza

no. 1814 · Tribunale — Lecce
The presence of an arbitration clause does not prevent requesting and obtaining from the ordinary court a payment order for debts arising from the contract, whilst preserving the respondent's right…
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