Italian Arbitration Case Law

sentenza 07/09/2026

Court of Napoli, judgment of 7 September 2026, No. 12131

no. 12131 · Tribunale — Napoli

Contractual expert determination (perizia contrattuale) is distinct both from arbitration and from contractual arbitration (arbitrato irrituale), and may take on the character of contractual arbitration only where there is a…

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sentenza 07/09/2026

Court of Roma, judgment of 7 September 2026, No. 12549

no. 12549 · Tribunale — Roma

An arbitration clause referring to arbitrators any disagreement as to the construction or the application of the contract and, in any event, any dispute arising out of it, is to…

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sentenza 07/09/2026

Court of Roma, judgment of 7 September 2026, No. 12563

no. 12563 · Tribunale — Roma

The invalidity of an arbitration clause contained in the constitution of an unincorporated association is to be assessed in the light of artt. 1418 et seq. cod. civ. and also,…

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decreto 07/09/2026

Court of Tempio Pausania, decree of 7 September 2026 (R.G. 00000625/2026)

Tribunale — Tempio Pausania

Competence to constitute the arbitral tribunal provided for by the company's articles of association belongs, under artt. 810 and 838-bis cod. proc. civ., to the president of the court in…

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decreto 04/09/2026

Court of Venice, decree of 4 September 2026 (R.G. 00003540/2026)

Tribunale — Venezia

In proceedings, including arbitral proceedings, for the challenge of shareholders' resolutions there is no inherent conflict of interest between the company and the director who represents it such as to…

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sentenza 04/09/2026

Court of Appeal of Brescia, judgment of 4 September 2026, No. 812

no. 812 · Corte di Appello — Brescia

An award by which the arbitrators decline their potestas iudicandi on the ground that the appointment of the members of the tribunal is void, having been made in breach of…

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ordinanza 02/09/2026

Court of L’Aquila, order of 2 September 2026 (R.G. 00001656/2026)

Tribunale — L'Aquila

The referral of the merits of a dispute to an arbitral tribunal does not preclude the ordinary court from granting urgent interim relief under art. 700 cod. proc. civ., the…

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decreto 01/09/2026

Court of Milan, decree of 1 September 2026 (R.G. 00033890/2026)

Tribunale — Milano

An award rendered in contractual arbitration (arbitrato irrituale), being contractual in nature, may form the basis of a monetary claim pursued by way of summary proceedings for an order for…

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sentenza 01/09/2026

Court of Naples North, judgment of 1 September 2026, No. 2869

no. 2869 · Tribunale — Napoli Nord

A clause in the company's articles referring disputes relating to membership status to an arbitral tribunal does not deprive the ordinary court of jurisdiction where the resolution excluding the member,…

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sentenza 01/09/2026

Court of Nocera Inferiore, judgment of 1 September 2026, No. 1891

no. 1891 · Tribunale — Nocera Inferiore

A dispute concerning the performance of the obligation to make a contribution assumed by a member upon subscribing an increase of capital concerns disposable rights inherent in the company relationship…

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sentenza 31/08/2026

Court of Appeal of Bari, judgment of 31 August 2026, No. 1067

no. 1067 · Corte di Appello — Bari

An application to set aside an award does not give rise to an ordinary appeal on the merits of the arbitral decision, but remains confined to the grounds specifically listed…

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sentenza 31/08/2026

Court of Appeal of Salerno, judgment of 31 August 2026, No. 1010

no. 1010 · Corte di Appello — Salerno

Jurisdiction is assessed by reference to the law in force and to the state of facts existing at the time the claim is brought, pursuant to art. 5 cod. proc.…

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