Italian Arbitration Case Law

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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ordinanza 28/08/2026

Court of Appeal of Bologna, order of 28 August 2026 (R.G. 00000583/2025)

Corte di Appello — Bologna

The review of regularity entrusted to the court by art. 825 cod. proc. civ. requires verification that the conditions necessary for the award to be declared enforceable are met, including…

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decreto 27/08/2026

Court of Como, decree of 27 August 2026 (R.G. 00002463/2026)

Tribunale — Como

An arbitral award produced in support of an application for an order for payment is not among the instruments which, pursuant to art. 642 cod. proc. civ., permit the order…

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sentenza 27/08/2026

Court of Appeal of Bologna, judgment of 27 August 2026, No. 1956

no. 1956 · Corte di Appello — Bologna

Standing to rely on the nullity of the award is not subject to any bar arising from the conduct of the party who contributed to bringing it about, the prohibition…

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sentenza 27/08/2026

Court of La Spezia, judgment of 27 August 2026, No. 473

no. 473 · Tribunale — La spezia

The difference between arbitration and contractual arbitration (arbitrato irrituale) lies in the fact that, in arbitration proper, the parties intend an award to be reached which is capable of being…

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decreto 27/08/2026

Court of Verona, decree of 27 August 2026 (R.G. 00007173/2026)

Tribunale — Verona

A dispute concerning a debt arising out of the contract which contains the clause conferring arbitral jurisdiction may be referred to arbitrators. The appointment of a special representative (curatore speciale)…

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decreto 26/08/2026

Court of Cremona, decree of 26 August 2026 (R.G. 00000839/2026)

Tribunale — Cremona

A clause obliging the parties to resolve disputes relating to the contract, the instrument of incorporation or the regulations in which it is contained by means of an attempt at…

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ordinanza 26/08/2026

Court of Cremona, order of 26 August 2026 (R.G. 00000838/2026)

Tribunale — Cremona

For the purposes of the judicial appointment of a party-appointed arbitrator, pursuant to arts. 810 et seq. cod. proc. civ., it is necessary that a dispute be shown to exist,…

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sentenza 26/08/2026

Court of Isernia, judgment of 26 August 2026, No. 453

no. 453 · Tribunale — Isernia

The reference of a dispute to arbitration does not raise a question of jurisdiction in the sense of giurisdizione, but constitutes a question of jurisdiction (competenza) pursuant to art. 819…

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sentenza 26/08/2026

Court of Roma, judgment of 26 August 2026, No. 12283

no. 12283 · Tribunale — Roma

Set-off founded on a debt recognised by an arbitral award cannot be effected where the determination contained in the award is not final, proceedings to challenge the award being pending.

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sentenza 26/08/2026

Court of Appeal of Milano, judgment of 26 August 2026, No. 2411

no. 2411 · Corte di Appello — Milano

An action to set aside an award is a limited challenge confined to specified grounds, being available only to raise errores in iudicando and errores in procedendo within the limits…

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sentenza 25/08/2026

Court of Cosenza, judgment of 25 August 2026, No. 1155

no. 1155 · Tribunale — Cosenza

The principle that an objection of arbitral jurisdiction raised in time in proceedings opposing an order for payment requires the order to be set aside applies only where the order-for-payment…

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