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. 4456 · Tribunale — Milano
Disputes concerning the challenge of resolutions approving annual accounts for breach of rules ensuring their clarity and accuracy relate to non-waivable rights and therefore cannot be submitted to arbitral determination,…
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sentenza

no. 4506 · Tribunale — Milano
Disputes concerning the challenge of resolutions approving annual accounts for breach of rules ensuring their clarity and accuracy relate to non-waivable rights and therefore cannot be submitted to arbitral determination,…
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sentenza

no. 2772 · Corte di Appello
The adversarial principle in arbitral proceedings must be understood as requiring, even within freedom of arbitral procedural forms, guaranteeing parties equal rights and opportunities to be heard and to contradict.…
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sentenza

no. 3405 · Corte di Appello
Arbitration clauses granting only one party the right to decline arbitral jurisdiction cannot be deemed invalid, not conflicting with private autonomy exercise limits but rather expressing tendencies coherent with systems…
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ordinanza

no. 14608 · Cassazione
An arbitral award, insofar as it is deemed equivalent to a judicial judgment from the moment of the last signature by the arbitrators, pursuant to Article 824-bis of the Code…
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sentenza

no. 4398 · Tribunale — Milan
Arbitration clauses contained in condominium regulations must be interpreted according to their specific content, distinguishing between disputes relating to daily condominium life and disputes concerning validity and effectiveness of regulatory…
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sentenza

no. 3390 · Corte di Appello
Arbitrators may legitimately declare their own incompetence regarding certain claims while simultaneously deciding other claims on the merits, provided these involve legally distinct and autonomous rights, without this causing award…
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sentenza

no. 3414 · Corte di Appello
Opposition to foreign arbitral award recognition decrees cannot be configured as criticism of foreign decision merits, being limited to defects provided by regulations on foreign award recognition. The circumstance that…
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sentenza

no. 418 · Tribunale — Rimini
The presence of an arbitration clause does not prevent requesting and obtaining from ordinary courts a payment order for debts arising from contracts, while preserving the respondent's right to raise…
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sentenza

no. 511 · Corte di Appello
Arbitration clauses contained in corporate founding documents must specify, under penalty of nullity, the number and procedures for arbitrator appointment, conferring authority to appoint all arbitrators to parties external to…
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sentenza

no. 3343 · Corte di Appello
Grounds for award challenge based on arbitration agreement nullity, lack of arbitrator independence and impartiality, and absence of potestas decidendi are inadmissible under Article 817, paragraph 3, of the Civil…
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sentenza

no. 1107 · Tribunale — Catanzaro
Disputes between companies and shareholders concerning patrimonial rights arising from the corporate relationship fall fully within the scope of statutory arbitration clauses that provide for submission to arbitrators of disputes…
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