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

1,024 decisions

ordinanza

Tribunale — Parma
Interim relief proceedings under Article 700 of the Code of Civil Procedure cannot be used to obtain a decision which, by anticipating the determination entrusted to the arbitrators pursuant to…
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sentenza

no. 781 · Tribunale — Terni
The objection to the jurisdiction of the ordinary court in favour of the arbitral tribunal, based on an arbitration clause contained in the articles of association of a company, must…
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sentenza

no. 3273 · Tribunale — Lecce
The defence of set-off may be raised as a ground for opposition to enforcement proceedings based on an arbitral award as an enforcement title only where the credit relied upon…
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sentenza

no. 2270 · Tribunale — Potenza
An arbitration clause providing for an arbitral tribunal acting as "amiable compositeur", which "shall decide ex bono et aequo without procedural formalities", constitutes contractual arbitration (arbitrato irrituale), the objection to…
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sentenza

no. 673 · Tribunale — Siena
A contractual arbitration award (arbitrato irrituale), having a contractual nature insofar as it derives from the will of the parties as expressed through the conferral of a mandate to the…
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sentenza

no. 712 · Tribunale — L'aquila
Contractual arbitration (arbitrato irrituale) constitutes an instrument for the contractual resolution of disputes which have arisen or may arise between the parties in relation to certain legal relationships, based on…
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sentenza

no. 1362 · Tribunale — Modena
An arbitration clause contained in a contract which does not expressly confer binding effect on arbitration, allowing the parties to bring proceedings directly before the judicial authority, does not preclude…
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sentenza

no. 595 · Tribunale — Pordenone
In contracts unilaterally drafted by the professional, the arbitration clause which derogates from the jurisdiction of the judicial authority in favour of an arbitral tribunal constitutes an unfair term within…
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sentenza

no. 2006 · Corte di Appello — Firenze
An arbitral award constitutes an appropriate enforceable title to found the creditor's enforcement action even in the context of subsequent settlement agreements between the parties, where such agreements expressly provide…
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