Italian Arbitration Case Law

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,…

Read more

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…

Read more

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,…

Read more

sentenza 06/07/2026

Court of Appeal of Florence, judgment of 6 July 2026, No. 2491

no. 2491 · Corte di Appello — Firenze

For the purpose of identifying the means of challenge against an award, what matters is the characterisation of the arbitration made by the arbitrators: where they characterised it as arbitration,…

Read more

ordinanza 06/07/2026

Court of Appeal of Milan, order of 6 July 2026 (R.G. 00000543/2026)

Corte di Appello — Milano

For the purposes of staying the enforceability of a challenged award under art. 830, co. 4, cod. proc. civ., the serious harm alleged cannot consist merely in the effect of…

Read more

ordinanza 06/07/2026

Court of Appeal of Palermo, order of 6 July 2026 (R.G. 00000232/2024)

Corte di Appello — Palermo

A complaint against the decree declaring an award enforceable under art. 825, last co., cod. proc. civ. concerns exclusively the formal extrinsic regularity of the award, so that issues relating…

Read more

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'…

Read more

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…

Read more

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…

Read more

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,…

Read more

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…

Read more

ordinanza 04/07/2026

Court of Bolzano, order of 4 July 2026 (R.G. 00001403/2026)

Tribunale — Bolzano

Under art. 818 cod. proc. civ., arbitrators may grant interim measures only where that power is expressly conferred on them by the arbitration agreement; failing this, jurisdiction to grant interim…

Read more