Italian Arbitration Case Law

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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sentenza 27/05/2026

Court of Appeal of Milan, judgment of 27 May 2026, No. 1666

no. 1666 · Corte di Appello — Milano

An application to set aside an award constitutes proceedings of limited review, admissible only where specific grounds are advanced corresponding to the errores in procedendo listed in art. 829, co.…

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sentenza 27/05/2026

Court of Appeal of Reggio Calabria, judgment of 27 May 2026, No. 472

no. 472 · Corte di Appello — Reggio Calabria

The provision which, absent contractual determination, ties the rate of statutory interest payable from the filing of the claim to the rate provided for by the special legislation on late…

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sentenza 26/05/2026

Court of Appeal of Florence, judgment of 26 May 2026, No. 2053

no. 2053 · Corte di Appello — Firenze

Proceedings to challenge an arbitral award which have been stayed and not resumed within the mandatory time limit laid down by law are extinguished.

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sentenza 26/05/2026

Court of Appeal of Milan, judgment of 26 May 2026, No. 1660

no. 1660 · Corte di Appello — Milano

An application to set aside an award gives rise to proceedings of limited review, confined to the exhaustively listed defects, and does not allow the court hearing the challenge to…

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sentenza 26/05/2026

Court of Appeal of Naples, judgment of 26 May 2026, No. 4064

no. 4064 · Corte di Appello — Napoli

The distinction between arbitration and contractual arbitration (arbitrato irrituale) turns on the intention of the parties, directed in the first case to obtaining an award capable of being declared enforceable…

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sentenza 26/05/2026

Court of Appeal of Rome, judgment of 26 May 2026, No. 4377

no. 4377 · Corte di Appello — Roma

Proceedings to challenge an arbitral award are akin to an appeal and do not allow new objections to be raised unless they may be raised by the court of its…

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sentenza 26/05/2026

Court of Appeal of Rome, judgment of 26 May 2026, No. 4388

no. 4388 · Corte di Appello — Roma

For the purposes of the admissibility of a challenge to an award, an inaccurate reference to the various heads of nullity provided for by art. 829 cod. proc. civ. is…

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sentenza 25/05/2026

Court of Appeal of Lecce, judgment of 25 May 2026, No. 465

no. 465 · Corte di Appello — Lecce

In the absence of agreement between the parties on the contractual determination of the fees of the members of a panel sitting in contractual arbitration (arbitrato irrituale), their assessment falls…

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decreto 25/05/2026

Court of Appeal of Naples, decree of 25 May 2026 (R.G. 00001274/2026)

Corte di Appello — Napoli

For the purposes of recognition of a foreign award the applicant must produce the award in the original or in a certified copy, together with a sworn translation into Italian,…

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sentenza 25/05/2026

Court of Appeal of Trento, judgment of 25 May 2026, No. 94

no. 94 · Corte di Appello — Trento

Art. 829, co. 3, cod. proc. civ., as amended, applies to all arbitral proceedings commenced after the entry into force of the amending statute; however, in order to establish whether…

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