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

sentenza

no. 1885 · Tribunale — Monza
In matters of contractual arbitration (arbitrato irrituale) governed by general sector conditions, the arbitration clause contained in contracts concluded through a broker by tacit acceptance and signature of the broker…
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sentenza

no. 14820 · Tribunale — Roma
The appointment of the third arbitrator with functions as president of the arbitral tribunal constitutes an activity reserved to the parties in dispute, and no administrative liability can be attributed…
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ordinanza

Tribunale — Catania
The declaration of enforceability of an arbitral award pursuant to art. 825 of the Code of Civil Procedure constitutes a control of mere formal regularity that does not involve re-examination…
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ordinanza

no. 28192 · Cassazione
An arbitral award that has been set aside, whilst lacking binding effect, may be used by the court as mere probative documentation from which to derive factual elements useful to…
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ordinanza

Tribunale — Brescia
In interim proceedings under article 2476, third paragraph, of the Civil Code, a statutory clause providing for arbitration does not preclude the jurisdiction of the ordinary court for interim relief…
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ordinanza

Tribunale — Rimini
An arbitration clause contained in a business branch lease agreement, which provides for the referral of all disputes relating to the interpretation, performance and termination of the agreement to an…
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ordinanza

Tribunale — Tempio Pausania
The arbitration clause must necessarily be the result of a specific agreement between the parties, who must manifest their intention to derogate from ordinary jurisdiction, and cannot be adopted unilaterally…
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sentenza

no. 4961 · Tribunale — Venezia
The statutory arbitration clause providing for arbitral jurisdiction over disputes between shareholders or between shareholders and the company does not apply to relationships between the company and third parties who…
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sentenza

no. 1224 · Tribunale — Teramo
The interpretation of an arbitration clause must be conducted with reference to the literal text, the common intention of the parties and their overall conduct, without the failure to refer…
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sentenza

no. 726 · Tribunale — Terni
The challenge of a contractual arbitration award (arbitrato irrituale) for essential error is admissible when the formation of the arbitrators' will has been deviated by an altered perception or false…
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ordinanza

Tribunale — Catania
An arbitration clause that expressly provides for judgment according to equity in the form of contractual arbitration (arbitrato irrituale), without observance of the rules and time limits established by law…
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sentenza

no. 2642 · Tribunale — Bologna
A contractual arbitration award (arbitrato irrituale), whilst not being subject to the rules on challenge of institutional arbitration awards, produces final effects in determining the parties' intentions when it concerns…
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