Italian Arbitration Case Law

ordinanza 01/06/2026

Supreme Court, order of 1 June 2026, N. 17341

no. 17341 · Cassazione

Art. 838-quater cod. proc. civ., which governs the challenge of arbitral awards in corporate disputes, does not apply where the subject-matter of the arbitral proceedings is a liability action rather…

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sentenza 01/06/2026

Court of Castrovillari, judgment of 1 June 2026, No. 773

no. 773 · Tribunale — Castrovillari

An arbitration clause contained in a contract does not extend its effects to disputes relating to another contract, even if connected to the principal one; accordingly, an arbitration clause in…

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sentenza 01/06/2026

Court of Naples, judgment of 1 June 2026, No. 9108

no. 9108 · Tribunale — Napoli

An arbitration clause referring to arbitrators only disputes relating to the interpretation of the contract does not extend to disputes concerning the performance of the contract, such as those relating…

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sentenza 01/06/2026

Court of Appeal of Bologna, judgment of 1 June 2026, No. 1518

no. 1518 · Corte di Appello — Bologna

An arbitration clause providing for the referral of disputes to arbitrators acting as amiable compositeurs, who shall decide according to equity, without procedural formalities and with a final and binding…

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sentenza 01/06/2026

Court of Appeal of Rome, judgment of 1 June 2026, No. 4594

no. 4594 · Corte di Appello — Roma

An arbitration award declaring the acquisition of ownership by adverse possession, rendered without the holders of the property right over the immovable and the registered creditors appearing from the land…

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ordinanza 29/05/2026

Supreme Court, order of 29 May 2026, N. 16878

no. 16878 · Cassazione

An arbitral award is vitiated by nullity pursuant to art. 829 cod. proc. civ. where the arbitral tribunal, whilst having taken note of the pleading of certain facts constituting the…

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sentenza 29/05/2026

Court of Appeal of Cagliari, judgment of 29 May 2026, No. 274

no. 274 · Corte di Appello — Cagliari

A contractual expert determination arises where the parties entrust one or more persons, chosen for their particular technical expertise, with the task of making a technical finding which they undertake…

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sentenza 29/05/2026

Court of Appeal of Milan, judgment of 29 May 2026, No. 1710

no. 1710 · Corte di Appello — Milano

Proceedings to challenge an arbitral award which have been stayed and not resumed within three months are extinguished by reason of the parties' inaction.

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sentenza 29/05/2026

Court of Appeal of Rome, judgment of 29 May 2026, No. 4529

no. 4529 · Corte di Appello — Roma

The supervening restrictive regime concerning arbitration in public contracts has no retroactive effect and does not affect the validity of arbitration clauses contained in contracts already concluded. A finding that…

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ordinanza 28/05/2026

Supreme Court, order of 28 May 2026, N. 16763

no. 16763 · Cassazione

In matters of public procurement, the shortened time limit for the challenge of the arbitral award provided for by art. 241, co. 15-bis, of d.lgs. n. 163/2006, introduced by art.…

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ordinanza 28/05/2026

Supreme Court, order of 28 May 2026, N. 16794

no. 16794 · Cassazione

Art. 241, co. 15-bis, of d.lgs. n. 163/2006, which provides for a shortened time limit of one hundred and eighty days for the challenge of the arbitral award, does not…

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decreto 27/05/2026

Court of Appeal of Florence, decree of 27 May 2026 (R.G. 00000102/2026)

Corte di Appello — Firenze

In the absence of the express written stipulation required by art. 808 ter cod. proc. civ., whereby the parties provide that the dispute is to be determined by the arbitrators…

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