Italian Arbitration Case Law

sentenza 04/06/2026

Court of Padua, judgment of 4 June 2026, No. 930

no. 930 · Tribunale — Padova

A contractual expert determination is to be distinguished from contractual arbitration (arbitrato irrituale) in that in the former the parties refer to the third party, chosen for his particular technical…

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decreto 04/06/2026

Court of Rimini, decree of 4 June 2026 (Case No. 00000836/2026)

Tribunale — Rimini

Pursuant to art. 825 of the Code of Civil Procedure, the party seeking to enforce the award must file the award in the original or a certified copy, together with…

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sentenza 04/06/2026

Court of Appeal of Naples, judgment of 4 June 2026, No. 4314

no. 4314 · Corte di Appello — Napoli

The challenge of an arbitration award on grounds of nullity does not give rise to appellate proceedings enabling the court to examine the merits of the arbitral decision directly, but…

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sentenza 04/06/2026

Court of Rome, judgment of 4 June 2026, No. 8721

no. 8721 · Tribunale — Roma

An arbitration clause in the statutes of a company referring disputes between members to arbitrators does not apply to disputes between purchasers and sellers of corporate shares who have no…

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sentenza 04/06/2026

Court of Appeal of Rome, judgment of 4 June 2026, No. 4659

no. 4659 · Corte di Appello — Roma

An arbitration clause in the statutes of a cooperative society, referring disputes arising from the statutes and "more generally from the corporate relationship" to arbitrators, must be interpreted restrictively, since…

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sentenza 04/06/2026

Court of Syracuse, judgment of 4 June 2026, No. 1197

no. 1197 · Tribunale — Siracusa

An arbitration clause in the statutes of a consortium, providing for the referral to arbitrators of "any dispute concerning or arising from the consortium agreement", extends, in the absence of…

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ordinanza 04/06/2026

Court of Vibo Valentia, order of 4 June 2026 (Case No. 00000648/2024)

Tribunale — Vibo Valentia

The distinction between arbitration and contractual arbitration (arbitrato irrituale) lies in the fact that in arbitration the parties intend the award to be capable of being declared enforceable and to…

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sentenza 03/06/2026

Court of Santa Maria Capua Vetere, judgment of 3 June 2026, No. 2162

no. 2162 · Tribunale — Santa Maria Capua Vetere

In order to ascertain whether a given arbitration clause provides for arbitration or contractual arbitration (arbitrato irrituale), regard must be had to the intention of the parties as discernible from…

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decreto 03/06/2026

Court of Ancona, decree of 3 June 2026 (Case No. 00002060/2026)

Tribunale — Ancona

A contractual expert determination, as an instrument designed to fix contractually an element of the dispute on the basis of purely technical criteria, falls within the scope of contractual arbitration…

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sentenza 03/06/2026

Court of Venice, judgment of 3 June 2026, No. 10315

no. 10315 · Tribunale — Venezia

An arbitration clause in the statutes of a company, referring to arbitrators disputes concerning disposable rights relating to the corporate relationship, including those concerning the validity of shareholders' resolutions, also…

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sentenza 03/06/2026

Court of Rome, judgment of 3 June 2026, No. 8675

no. 8675 · Tribunale — Roma

A contractual clause granting the parties the option of resorting to arbitration, without formulating such referral in terms of an obligation or exclusivity, does not preclude the filing of an…

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sentenza 03/06/2026

Court of Appeal of Catanzaro, judgment of 3 June 2026, No. 806

no. 806 · Corte di Appello — Catanzaro

The referral of a dispute to arbitration, whether institutional or contractual, does not preclude the filing of an application for interim relief before the courts, given the ancillary and urgent…

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