Italian Arbitration Case Law

sentenza 26/05/2026

Court of Appeal of Florence, judgment of 26 May 2026, No. 2053

no. 2053 · Corte di Appello — Firenze

Proceedings to challenge an arbitral award which have been stayed and not resumed within the mandatory time limit laid down by law are extinguished.

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sentenza 26/05/2026

Court of Appeal of Milan, judgment of 26 May 2026, No. 1660

no. 1660 · Corte di Appello — Milano

An application to set aside an award gives rise to proceedings of limited review, confined to the exhaustively listed defects, and does not allow the court hearing the challenge to…

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sentenza 26/05/2026

Court of Appeal of Naples, judgment of 26 May 2026, No. 4064

no. 4064 · Corte di Appello — Napoli

The distinction between arbitration and contractual arbitration (arbitrato irrituale) turns on the intention of the parties, directed in the first case to obtaining an award capable of being declared enforceable…

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sentenza 26/05/2026

Court of Appeal of Rome, judgment of 26 May 2026, No. 4377

no. 4377 · Corte di Appello — Roma

Proceedings to challenge an arbitral award are akin to an appeal and do not allow new objections to be raised unless they may be raised by the court of its…

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sentenza 26/05/2026

Court of Appeal of Rome, judgment of 26 May 2026, No. 4388

no. 4388 · Corte di Appello — Roma

For the purposes of the admissibility of a challenge to an award, an inaccurate reference to the various heads of nullity provided for by art. 829 cod. proc. civ. is…

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sentenza 25/05/2026

Court of Appeal of Venice, judgment of 25 May 2026, No. 1206

no. 1206 · Corte di Appello — Venezia

For arbitral proceedings commenced after the 2006 reform but relating to an agreement concluded beforehand, absent any stipulation by the parties, the previous regime applies, which allows the award to…

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sentenza 25/05/2026

Court of Appeal of Ancona, judgment of 25 May 2026, No. 570

no. 570 · Corte di Appello — Ancona

The inadmissibility of the late cross-appeal entails the absorption of the objection to the court's competence based on arbitration raised therein in the alternative, which therefore remains unexamined. An arbitration…

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sentenza 25/05/2026

Court of Appeal of Catanzaro, judgment of 25 May 2026, No. 743

no. 743 · Corte di Appello — Catanzaro

Where the claim asserted has its title in a self-standing obligation to apportion the operating deficit of the consortium body, and not in the award which established the consortium's obligation…

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sentenza 25/05/2026

Court of Appeal of Lecce, judgment of 25 May 2026, No. 465

no. 465 · Corte di Appello — Lecce

In the absence of agreement between the parties on the contractual determination of the fees of the members of a panel sitting in contractual arbitration (arbitrato irrituale), their assessment falls…

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decreto 25/05/2026

Court of Appeal of Naples, decree of 25 May 2026 (R.G. 00001274/2026)

Corte di Appello — Napoli

For the purposes of recognition of a foreign award the applicant must produce the award in the original or in a certified copy, together with a sworn translation into Italian,…

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sentenza 25/05/2026

Court of Appeal of Trento, judgment of 25 May 2026, No. 94

no. 94 · Corte di Appello — Trento

Art. 829, co. 3, cod. proc. civ., as amended, applies to all arbitral proceedings commenced after the entry into force of the amending statute; however, in order to establish whether…

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ordinanza 24/05/2026

Supreme Court, order of 24 May 2026, N. 15975

no. 15975 · Cassazione

In public works contracts entered into following a public tender called by a public body, the intention to refer the related disputes to arbitrators must be expressed in an explicit…

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