Italian Arbitration Case Law

ordinanza 16/06/2026

Court of Naples, order of 16 June 2026 (R.G. 00021975/2025)

Tribunale — Napoli

The statutory provision granting the shareholder the right to apply to the court under Article 2473 of the Civil Code for the valuation of the shareholding does not constitute an…

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ordinanza 15/06/2026

Court of Bari, order of 15 June 2026 (R.G. 00001802/2023)

Tribunale — Bari

The existence of an arbitration clause does not preclude the obtaining of an order for payment from the ordinary court in respect of a claim arising out of the contract,…

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sentenza 15/06/2026

Court of Bologna, judgment of 15 June 2026, No. 4949

no. 4949 · Tribunale — Bologna

A statutory arbitration clause providing for the referral to arbitrators of disputes concerning corporate affairs, the interpretation and the performance of the articles of association also encompasses disputes relating to…

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ordinanza 15/06/2026

Court of Genoa, order of 15 June 2026 (R.G. 00005577/2026)

Tribunale — Genova

In arbitration clauses contained in the constitutive instruments of companies, the appointment of arbitrators must be made by a person who is not connected with the company, in accordance with…

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sentenza 15/06/2026

Court of Milan, judgment of 15 June 2026, No. 4974

no. 4974 · Tribunale — Milano

An arbitration clause contained in an individually negotiated contract is not subject to the requirement of specific written approval under Article 1341(2) of the Civil Code, since the contract does…

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ordinanza 15/06/2026

Supreme Court, order of 15 June 2026, N. 20038

no. 20038 · Cassazione

Art. 819-ter co. 2 cod. proc. civ., insofar as it excludes the applicability of art. 50 cod. proc. civ. (translatio iudicii), operates only in the case where it is the…

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sentenza 15/06/2026

Court of Milan, judgment of 15 June 2026, No. 4982

no. 4982 · Tribunale — Milano

Where a contractual arbitration (arbitrato irrituale) clause exists, a judicial claim is inadmissible before the ordinary court, and any order for payment that has been issued must be set aside.…

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ordinanza 15/06/2026

Court of Naples, order of 15 June 2026 (R.G. 00005516/2026)

Tribunale — Napoli

Pursuant to Article 814 of the Code of Civil Procedure, each member of the arbitral tribunal is entitled to a separate and full fee for the work performed, and it…

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ordinanza 15/06/2026

Supreme Court, order of 15 June 2026, N. 19979

no. 19979 · Cassazione

An arbitration clause contained in a contract is not apt to confer upon the arbitrators cognisance of disputes relating to a subsequent agreement, including a non-novative settlement, whereby the original…

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sentenza 15/06/2026

Court of Patti, judgment of 15 June 2026, No. 538

no. 538 · Tribunale — Patti

The objection of lack of jurisdiction of the ordinary court in favour of the arbitral tribunal provided for by the articles of association must be dismissed where the dispute does…

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sentenza 15/06/2026

Court of Rimini, judgment of 15 June 2026, No. 366

no. 366 · Tribunale — Rimini

The operation of the statutory arbitration clause is confined to the active phase of the entity and does not extend to the phase following dissolution, with the consequence that disputes…

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decreto 15/06/2026

Court of Appeal of Rome, decree of 15 June 2026 (R.G. 00051285/2026)

Corte di Appello — Roma

The President of the Court of Appeal, pursuant to Article 839(1) of the Code of Civil Procedure, declares the enforceability in Italy of a foreign arbitral award, upon verification of…

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