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. 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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no. 5246 · Tribunale — Naples
Arbitral jurisdiction is no longer an exception or derogation from state jurisdiction but represents an alternative and interchangeable remedy to proceedings instituted before national courts, constituting a party prerogative protected…
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no. 1829 · Tribunale — Florence
Contractual arbitration (arbitrato irrituale) constitutes a contractual mechanism for dispute resolution. The final award has the nature of a contract and does not acquire the effects provided for by Article…
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no. 1461 · Corte di Appello — Milano
Challenge of an arbitral award for nullity is a limited form of challenge, permitted only for certain procedural defects and for non-observance of legal rules exclusively within the limits of…
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no. 789 · Tribunale — Cagliari
Assignment of contract involves transfer of the obligation arising from the arbitration clause when the original parties committed to refer to regular arbitrators every dispute relating to implementation, interpretation and…
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no. 3187 · Corte di Appello — Roma
An award that decides preliminary or procedural questions must be challenged under Article 827, paragraph 3 of the Code of Civil Procedure together with the final award. But an award…
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no. 294 · Tribunale — Cuneo
An arbitration clause contained in condominium regulations must be interpreted, absent contrary intention, in the sense that all cases where the regulations may represent a constitutive fact of the claim…
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no. 2111 · Tribunale — Brescia
In contractual arbitration, given its nature aimed at integrating a contractual expression of will substituting that of the parties in conflict, the award may be challenged for defects that can…
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no. 265 · Tribunale — Imperia
An arbitration clause referring to every dispute relating to interpretation and performance of the contract does not include a claim for damages based on non-performance of the arbitral award, because,…
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no. 2067 · Tribunale — Brescia
An arbitration clause referring to arbitrators disputes about interpretation, performance and termination of the contract, absent express contrary intention, gives arbitral jurisdiction only to disputes referring to claims whose cause…
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no. 2434 · Tribunale — Torino
The objection of inadmissibility due to presence of an arbitration clause finds no acceptance when the case does not concern exact interpretation of the contractual regulation, but validity of assembly…
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