Italian Arbitration Case Law

sentenza 26/06/2026

Court of Milano, judgment of 26 June 2026, No. 5315

no. 5315 · Tribunale — Milano

The question whether a dispute falls within the cognisance of arbitrators rather than the ordinary courts constitutes a question of competence and not of jurisdiction, in view of the jurisdictional…

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ordinanza 26/06/2026

Supreme Court, order of 26 June 2026, N. 21867

no. 21867 · Cassazione

The challenge for nullity of the arbitral award pursuant to art. 829 cod. proc. civ. constitutes proceedings of limited review, which may be brought exclusively on the basis of specified…

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ordinanza 26/06/2026

Court of Appeal of Roma, order of 26 June 2026 (R.G. 00002158/2026)

Corte di Appello — Roma

The suspension of the enforceability of an arbitral award pursuant to art. 830, co. 4, cod. proc. civ. requires the concurrent existence of a fumus boni iuris, to be assessed…

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sentenza 26/06/2026

Court of Milano, judgment of 26 June 2026, No. 5324

no. 5324 · Tribunale — Milano

An arbitration clause contained in general conditions of contract incorporated by reference into a framework agreement extends to all disputes arising from specific contracts concluded in performance of that agreement,…

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sentenza 26/06/2026

Court of Appeal of Venezia, judgment of 26 June 2026, No. 1490

no. 1490 · Corte di Appello — Venezia

A conflict of interests ecting the legal representatives of a party to arbitration proceedings does not constitute a violation of the right to adversarial proceedings within the meaning of art.…

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sentenza 26/06/2026

Court of Nola, judgment of 26 June 2026, No. 2903

no. 2903 · Tribunale — Nola

An objection based on the existence of an arbitration clause or any other contractual derogation from the ordinary courts' jurisdiction is not available to be raised by the court of…

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sentenza 26/06/2026

Court of Nola, judgment of 26 June 2026, No. 2924

no. 2924 · Tribunale — Nola

In public contracts, the vidity and effectiveness of an arbitration clause are conditional, pursuant to art. 241, para. 1, d.lgs. no. 163/2006, as amended by art. 1, para. 19, l.…

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sentenza 26/06/2026

Court of Roma, judgment of 26 June 2026, No. 10150

no. 10150 · Tribunale — Roma

A submission agreement for contractual arbitration (arbitrato irrituale), being aimed at achieving a ngotiated resolution of the dispute by way of mandate, implies a waiver by the parties of judicial…

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decreto 26/06/2026

Court of Roma, decree of 26 June 2026 (R.G. 00007096/2026)

Tribunale — Roma

The president of the court, having verified the presence of the documents containing the arbitration agreement and the award, declares the enforceability of the arbitral award pursuant to art. 825…

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sentenza 26/06/2026

Court of Appeal of Milano, judgment of 26 June 2026, No. 2018

no. 2018 · Corte di Appello — Milano

An action to set aside an arbitral award does not constitute an ordinary appeal: the court is not called upon to confirm or reform a first-instance decision but to verify…

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sentenza 26/06/2026

Court of Appeal of Palermo, judgment of 26 June 2026, No. 1865

no. 1865 · Corte di Appello — Palermo

Disputes in corporate matters are, as a general rule, capable of being referred to arbitration, with the exception of those concerning the interests of the company itself or relating to…

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sentenza 26/06/2026

Court of Bologna, judgment of 26 June 2026, No. 5217

no. 5217 · Tribunale — Bologna

The right of arbitrators to receive remuneration for work performed arises from the effective completion of the mandate conferred upon them in the context of the agency relationship with the…

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