Italian Arbitration Case Law

sentenza 10/07/2026

Court of Pesaro, judgment of 10 July 2026, No. 458

no. 458 · Tribunale — Pesaro

An arbitration clause included in informed consent forms for medical treatment is null as unfair where it was not preceded by individual negotiation with the patient as a consumer, its…

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sentenza 09/07/2026

Court of Appeal of Venice, judgment of 9 July 2026, No. 1568

no. 1568 · Corte di Appello — Venezia

An arbitration clause agreed between a healthcare facility and a physician refers to arbitration disputes concerning their internal relationship of recourse or indemnity, which remain outside the jurisdiction of the…

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ordinanza 09/07/2026

Court of Lecco, order of 9 July 2026 (R.G. 00000823/2026)

Tribunale — Lecco

Upon the arbitrators' acceptance of their mandate, a private law contract akin to a contract for intellectual services is formed between the parties and the arbitrators, giving rise to the…

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sentenza 09/07/2026

Court of Naples, judgment of 9 July 2026, No. 11374

no. 11374 · Tribunale — Napoli

Where the arbitral tribunal declines jurisdiction, the costs of the arbitral proceedings are in principle borne by the unsuccessful party that commenced them, unless the arbitrators decide otherwise or the…

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sentenza 09/07/2026

Court of Rome, judgment of 9 July 2026, No. 10810

no. 10810 · Tribunale — Roma

There can be no lis pendens between a dispute referred to arbitration and an action pending before the ordinary court. A mere connection between issues already decided in arbitration and…

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decreto 08/07/2026

Court of Catanzaro, decree of 8 July 2026 (R.G. 00003491/2026)

Tribunale — Catanzaro

An award rendered in contractual arbitration (arbitrato irrituale), being contractual in nature and intended to supplement and replace the parties' expression of will, may be regarded as documentation signed by…

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ordinanza 08/07/2026

Court of Civitavecchia, order of 8 July 2026 (R.G. 00000046/2026)

Tribunale — Civitavecchia

In order to determine whether the proceedings are arbitration or contractual arbitration (arbitrato irrituale), the arbitration clause must be construed according to the canons of interpretation of art. 1362 cod.…

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sentenza 08/07/2026

Court of Cosenza, judgment of 8 July 2026, No. 1000

no. 1000 · Tribunale — Cosenza

An arbitration clause describing the members of the arbitral tribunal as amiables compositeurs leaves no doubt as to the contractual, rather than quasi-judicial, nature of the arbitration, which must be…

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sentenza 08/07/2026

Court of Naples, judgment of 8 July 2026, No. 11320

no. 11320 · Tribunale — Napoli

An arbitration clause referring to arbitration disputes concerning the interpretation and performance of a settlement agreement does not extend to recourse claims between the parties to the agreement concerning merely…

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sentenza 08/07/2026

Court of Appeal of Bari, judgment of 8 July 2026, No. 935

no. 935 · Corte di Appello — Bari

Under art. 808-quater cod. proc. civ., an arbitration clause referring every dispute to arbitration without further specification is not generic and, in case of doubt, extends to all disputes arising…

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ordinanza 08/07/2026

Court of Reggio Emilia, order of 8 July 2026 (R.G. 00000976/2026)

Tribunale — Reggio emilia

Where there is an arbitration clause, the parties may seek interim measures from the ordinary court, including a preliminary technical inspection under art. 696 cod. proc. civ., provided that the…

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sentenza 08/07/2026

Court of Rome, judgment of 8 July 2026, No. 10735

no. 10735 · Tribunale — Roma

An arbitration clause contained in the deed establishing a trust, referring to arbitration all disputes and matters arising from the trust, extends to all issues concerning the management, performance and…

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