Italian Arbitration Case Law

decreto 15/07/2026

Court of Torre Annunziata, decree of 15 July 2026 (R.G. 00002308/2026)

Tribunale — Torre annunziata

A clause of the general conditions of insurance providing for an expert procedure for the determination of the loss does not amount to an arbitration clause where the wording of…

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decreto 15/07/2026

Court of Trieste, decree of 15 July 2026 (R.G. 00001852/2026)

Tribunale — Trieste

A conflict of interests relevant for the purposes of arts. 78 et seq. cod. proc. civ. exists where the person acting as claimant in the arbitral proceedings is at the…

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sentenza 14/07/2026

Court of Bari, judgment of 14 July 2026, No. 4283

no. 4283 · Tribunale — Bari

An award in contractual arbitration (arbitrato irrituale) is void under art. 808-ter cod. proc. civ. where the arbitrator, in breach of the procedural rules laid down by the parties, applies…

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sentenza 14/07/2026

Court of Latina, judgment of 14 July 2026, No. 1506

no. 1506 · Tribunale — Latina

Where the arbitration clause identifies the disputes referred to arbitrators in a general and all-embracing manner, by reference to all those which may arise between the shareholders and between any…

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decreto 14/07/2026

Court of Napoli Nord, decree of 14 July 2026 (R.G. 00001655/2026)

Tribunale — Napoli nord

Where the contractual terms provide for the designation of one expert by each party and, in default of performance or of agreement, for the appointment of the third expert by…

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sentenza 14/07/2026

Court of Siracusa, judgment of 14 July 2026, No. 1467

no. 1467 · Tribunale — Siracusa

An arbitration agreement by its nature binds only the parties to the contract in which the clause is inserted, so that it cannot be invoked against a third party which…

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sentenza 14/07/2026

Court of Appeal of Brescia, judgment of 14 July 2026, No. 721

no. 721 · Corte di Appello — Brescia

Following the 2006 reform, a challenge to the award for breach of the rules of law governing the merits of the dispute is admissible only where expressly provided by the…

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sentenza 14/07/2026

Court of Verona, judgment of 14 July 2026, No. 1585

no. 1585 · Tribunale — Verona

The principle of the autonomy of the arbitration clause from the transaction in which it is inserted operates in relation to arbitration proper and not to contractual arbitration (arbitrato irrituale),…

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sentenza 13/07/2026

Court of Ancona, judgment of 13 July 2026, No. 1466

no. 1466 · Tribunale — Ancona

An arbitration clause contained in the company's articles of association may not be relied upon against the officer of the insolvency proceedings who brings the liability action in which the…

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sentenza 13/07/2026

Court of Bari, judgment of 13 July 2026, No. 4251

no. 4251 · Tribunale — Bari

The arbitration clause is the agreement by which the parties undertake in advance to refer to arbitrators the disputes relating to the relationship in which the stipulation is inserted, thereby…

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sentenza 13/07/2026

Court of Bari, judgment of 13 July 2026, No. 4255

no. 4255 · Tribunale — Bari

An award in contractual arbitration (arbitrato irrituale) rendered at the conclusion of the arbitral procedure provided for in the contract and accepted by the parties, with the appointment of the…

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sentenza 13/07/2026

Court of Cassino, judgment of 13 July 2026, No. 1302

no. 1302 · Tribunale — Cassino

The criterion distinguishing arbitration, whether arbitration proper or contractual arbitration (arbitrato irrituale), from contractual expert determination (perizia contrattuale) lies in the waiver of the jurisdiction of the ordinary courts: where…

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