Italian Arbitration Case Law

sentenza 13/07/2026

Court of Appeal of L’Aquila, judgment of 13 July 2026, No. 801

no. 801 · Corte di Appello — L'aquila

Where the subject matter of the arbitral proceedings is the validity of resolutions of the general meeting, the award may be challenged also for breach of the rules of law…

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sentenza 13/07/2026

Court of Appeal of Venezia, judgment of 13 July 2026, No. 1576

no. 1576 · Corte di Appello — Venezia

A non-final judgment which has become res judicata, by which the ordinary court declines its jurisdiction on the ground that the dispute has been referred to arbitration, does not preclude…

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sentenza 13/07/2026

Court of Appeal of Venezia, judgment of 13 July 2026, No. 1582

no. 1582 · Corte di Appello — Venezia

The plea of an arbitration agreement is a plea which the court may not raise of its own motion and which is subject to the mandatory time limits laid down…

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sentenza 13/07/2026

Court of Ancona, judgment of 13 July 2026, No. 1466

no. 1466 · Tribunale — Ancona

An arbitration clause contained in the company's articles of association may not be relied upon against the officer of the insolvency proceedings who brings the liability action in which the…

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ordinanza 11/07/2026

Court of Crotone, order of 11 July 2026 (R.G. 00000729/2026)

Tribunale — Crotone

A stay of the enforceability of a challenged award falls within the jurisdiction of the Court of Appeal seized of the action for annulment under art. 830, co. 4, cod.…

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sentenza 10/07/2026

Court of Pesaro, judgment of 10 July 2026, No. 457

no. 457 · Tribunale — Pesaro

An arbitration clause appearing at the foot of informed consent forms signed by a patient is ineffective as unfair under art. 33, co. 2, d.lgs. 206/2005, unless the professional proves…

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sentenza 10/07/2026

Court of Pesaro, judgment of 10 July 2026, No. 458

no. 458 · Tribunale — Pesaro

An arbitration clause included in informed consent forms for medical treatment is null as unfair where it was not preceded by individual negotiation with the patient as a consumer, its…

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sentenza 10/07/2026

Court of Rimini, judgment of 10 July 2026, No. 419

no. 419 · Tribunale — Rimini

An award rendered in arbitration and declared enforceable under art. 825 cod. proc. civ. shares the nature of a judicial enforcement title and may be construed in the light of…

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sentenza 10/07/2026

Court of Treviso, judgment of 10 July 2026, No. 984

no. 984 · Tribunale — Treviso

An award ordering the transfer of ownership of real property, which distinguishes the constitutive part ordering the transfer from the obligation to pay the balance of the price conditional upon…

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decreto 10/07/2026

Court of Brescia, decree of 10 July 2026 (R.G. 00008287/2026)

Tribunale — Brescia

An award rendered in contractual arbitration (arbitrato irrituale) constitutes adequate evidence of a certain, liquidated and due claim for the purpose of issuing a payment order under art. 633 et…

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ordinanza 10/07/2026

Court of Naples, order of 10 July 2026 (R.G. 00013235/2026)

Tribunale — Napoli

The pendency of arbitral proceedings between a shareholder and the company does not, in the absence of concrete evidence of misuse, amount to an abuse of the shareholder's right of…

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sentenza 09/07/2026

Court of Appeal of Venice, judgment of 9 July 2026, No. 1568

no. 1568 · Corte di Appello — Venezia

An arbitration clause agreed between a healthcare facility and a physician refers to arbitration disputes concerning their internal relationship of recourse or indemnity, which remain outside the jurisdiction of the…

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