Italian Arbitration Case Law

ordinanza 07/07/2026

Court of Bologna, order of 7 July 2026 (R.G. 00005893/2026)

Tribunale — Bologna

Under art. 818 cod. proc. civ., in the version applicable ratione temporis, even where there is a broad arbitration clause, interim relief falls within the jurisdiction of the ordinary court…

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sentenza 07/07/2026

Court of Potenza, judgment of 7 July 2026, No. 1858

no. 1858 · Tribunale — Potenza

An arbitration clause applies exclusively to disputes relating to the contract in which it is contained and does not extend to claims brought by a shareholder, in his own name,…

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sentenza 07/07/2026

Court of Appeal of Bologna, judgment of 7 July 2026, No. 1800

no. 1800 · Corte di Appello — Bologna

A challenge for nullity of an award rendered in arbitration under art. 829, co. 1, no. 1, cod. proc. civ. concerns the non-existence or invalidity of the arbitration agreement, a…

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sentenza 06/07/2026

Court of Brescia, judgment of 6 July 2026, No. 6073

no. 6073 · Tribunale — Brescia

A contractual expert determination (perizia contrattuale) has the nature of contractual arbitration (arbitrato irrituale) where it meets the requirements of art. 808-ter cod. proc. civ. and provides for the parties'…

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decreto 06/07/2026

Court of Cassino, decree of 6 July 2026 (R.G. 00001453/2026)

Tribunale — Cassino

Where the arbitration agreement does not specify the seat of arbitration, the appointment of the arbitrator must be requested, under art. 810, co. 2, second sentence, cod. proc. civ., from…

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sentenza 06/07/2026

Court of Florence, judgment of 6 July 2026, No. 3931

no. 3931 · Tribunale — Firenze

An arbitration clause contained in a contract concluded with a consumer, which derogates from the jurisdiction of the courts without having been specifically approved by the weaker party, is null…

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ordinanza 06/07/2026

Court of Genoa, order of 6 July 2026 (R.G. 00006825/2025)

Tribunale — Genova

When appointing an arbitrator under art. 810 cod. proc. civ., the president of the tribunal carries out a review limited to the formal verification of the conditions for the appointment,…

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sentenza 06/07/2026

Court of Monza, judgment of 6 July 2026, No. 1432

no. 1432 · Tribunale — Monza

Since in arbitration it is procedural in nature and raises an issue of jurisdiction, the objection based on the arbitration agreement must be raised, on pain of forfeiture, in the…

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sentenza 06/07/2026

Court of Padua, judgment of 6 July 2026, No. 1170

no. 1170 · Tribunale — Padova

A clause referring disputes to the conciliation service of an arbitration chamber and providing, failing agreement, for the jurisdiction of the ordinary court does not constitute an arbitration agreement, as…

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sentenza 06/07/2026

Court of Rome, judgment of 6 July 2026, No. 10554

no. 10554 · Tribunale — Roma

Under art. 192 d.lgs. 14/2019, where the contract containing the arbitration clause is terminated as a result of the opening of judicial liquidation, pending arbitral proceedings cannot be continued nor,…

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ordinanza 06/07/2026

Court of Venice, order of 6 July 2026 (R.G. 00008229/2026)

Tribunale — Venezia

A shareholders' resolution by which the company waives the liability action brought by a shareholder in arbitration cannot be regarded as implemented, and remains open to interim suspension, until the…

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ordinanza 06/07/2026

Court of Appeal of Ancona, order of 6 July 2026 (R.G. 00000478/2026)

Corte di Appello — Ancona

For the purposes of staying the enforceability of a challenged award, the fumus boni iuris must be assessed restrictively, requiring grounds of challenge with a reasonably high probability of success,…

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