Italian Arbitration Case Law

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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ordinanza 24/05/2026

Court of Rome, order of 24 May 2026 (R.G. 00027871/2025)

Tribunale — Roma

The arbitration clause contained in the company's articles of association is not applicable to the liability action brought by the judicial liquidation administrator against the directors under art. 146 of…

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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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sentenza 23/05/2026

Court of Livorno, judgment of 23 May 2026, No. 463

no. 463 · Tribunale — Livorno

A person who purchases shares in a company in direct and qualified connection with his or her position as a director cannot qualify as a consumer within the meaning of…

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ordinanza 22/05/2026

Court of Avezzano, order of 22 May 2026 (R.G. 00000286/2026)

Tribunale — Avezzano

An arbitral award containing both a constitutive head and a consequential restorative or condemnatory head is susceptible of enforcement under art. 282 of the Code of Civil Procedure, once it…

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sentenza 22/05/2026

Court of Catanzaro, judgment of 22 May 2026, No. 2016

no. 2016 · Tribunale — Catanzaro

In the light of the amendments introduced by Law No. 25/1994 and Legislative Decree No. 40/2006, the activity of ritual arbitrators has a jurisdictional nature and substitutes for the function…

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sentenza 21/05/2026

Court of Bolzano, judgment of 21 May 2026, No. 440

no. 440 · Tribunale — Bolzano

A party that raises the arbitration exception from the first available pleading in respect of claims based on contracts other than the title relied upon in the pending proceedings and…

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sentenza 21/05/2026

Court of Naples North, judgment of 21 May 2026, No. 1810

no. 1810 · Tribunale — Napoli nord

By virtue of the principle of autonomy of the arbitration clause, it has an individuality clearly distinct from the contract in which it is contained and does not constitute an…

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sentenza 21/05/2026

Court of Reggio Emilia, judgment of 21 May 2026, No. 416

no. 416 · Tribunale — Reggio emilia

The written form requirement for the arbitration clause is satisfied where the parties' intention appears from a written document, even if unsigned, provided that acceptance thereof is unequivocally established by…

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ordinanza 20/05/2026

Court of Verona, order of 20 May 2026 (R.G. 00004279/2026)

Tribunale — Verona

In the absence of a different expression of the parties' will, the arbitration clause must be construed as referring to arbitration within the meaning of art. 808 of the Code…

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sentenza 20/05/2026

Court of Appeal of Bari, judgment of 20 May 2026, No. 698

no. 698 · Corte di Appello — Bari

In public contracts, the call for tenders constitutes the hierarchically superior source in the regulation of the tender procedure. An arbitration clause contained in the agreement or in documents annexed…

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sentenza 20/05/2026

Court of Appeal of Bari, judgment of 20 May 2026, No. 699

no. 699 · Corte di Appello — Bari

For the purposes of recognising a foreign arbitral award under the New York Convention of 10 June 1958 and art. 840, para. 3, No. 1), of the Code of Civil…

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