Italian Arbitration Case Law

sentenza 09/06/2026

Court of Appeal of Rome, judgment of 9 June 2026, No. 4795

no. 4795 · Corte di Appello — Roma

In the context of an application to set aside an arbitral award for nullity, where the arbitration agreement was concluded prior to the 2006 reform, the former regime of art.…

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sentenza 09/06/2026

Court of Bologna, judgment of 9 June 2026, No. 4800

no. 4800 · Tribunale — Bologna

An arbitration clause contained in the articles of association of a partnership that confers the power to appoint the arbitrators on persons who are not external to the company is…

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sentenza 09/06/2026

Court of Trento, judgment of 9 June 2026, No. 696

no. 696 · Tribunale — Trento

An arbitration clause contained in the statute of an association referring to contractual arbitrators (arbitrato irrituale) all disputes between members and the association concerning disposable rights relating to the associative…

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decreto 09/06/2026

Court of Venice, decree of 9 June 2026 (R.G. 00001719/2026)

Tribunale — Venezia

An arbitration clause referring the resolution of the dispute to the judgment of an arbitrator acting as amiable compositeur must be construed as referring the dispute to a sole arbitrator…

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sentenza 08/06/2026

Court of Asti, judgment of 8 June 2026, No. 247

no. 247 · Tribunale — Asti

An arbitration clause contained in a contract drafted unilaterally is ineffective where it has not been specifically referred to, nor supported by an autonomous signature or separate written approval pursuant…

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ordinanza 08/06/2026

Court of Bari, order of 8 June 2026 (R.G. 00003391/2026)

Tribunale — Bari

Following the reform introduced by legislative decree No. 149/2022, the mere existence of an arbitration clause, however broad, is not in itself sufficient to vest the arbitrators with jurisdiction over…

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sentenza 08/06/2026

Court of Bolzano, judgment of 8 June 2026, No. 511

no. 511 · Tribunale — Bolzano

The plea of arbitration, based on a clause providing for arbitration, has a procedural nature and constitutes a question of jurisdiction that must be raised, on pain of preclusion, in…

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sentenza 08/06/2026

Court of Rome, judgment of 8 June 2026, No. 8930

no. 8930 · Tribunale — Roma

An arbitration clause contained in a works contract, which refers to arbitration any dispute arising out of or in connection with the contract, excludes the jurisdiction of the court also…

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sentenza 08/06/2026

Court of Salerno, judgment of 8 June 2026, No. 3496

no. 3496 · Tribunale — Salerno

An arbitration clause contained in a business-branch lease agreement referring contractual disputes to arbitration, but expressly excepting actions brought by the lessor for the recovery of its receivables, must be…

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sentenza 08/06/2026

Court of Torre Annunziata, judgment of 8 June 2026, No. 1631

no. 1631 · Tribunale — Torre annunziata

An arbitration clause referring to arbitration disputes concerning the interpretation and performance of the contract precludes the ordinary court from issuing a payment order. A payment order issued in breach…

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sentenza 08/06/2026

Court of Appeal of Genoa, judgment of 8 June 2026, No. 593

no. 593 · Corte di Appello — Genova

Where a party to a contract containing an arbitration clause is declared bankrupt, and the receiver has not expressed the intention to assume the contract, the arbitration proceedings may not…

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ordinanza 07/06/2026

Supreme Court, order of 7 June 2026, N. 18336

no. 18336 · Cassazione

For the purposes of the validity of the arbitration clause pursuant to art. 1341 co. 2 cod. civ., a cumulative numerical reference to an entire article containing heterogeneous clauses, without…

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